Omicron Surge Prompts Fourth Circuit to Go Remote for Arguments

The federal appeals court in Virginia is the latest circuit to suspend in-person arguments amid increasing cases of Covid-19 driven by the more transmissible omicron variant.

The Richmond-based U.S. Court of Appeals for the Fourth Circuit said Tuesday that it would hold arguments remotely during its session running Jan. 25-28.

The decision follows similar calls from other federal appellate courts as Covid-19 spikes. The Tenth Circuit, Ninth Circuit, Second Circuit, Seventh Circuit, and Federal Circuit have all said they plan to hold arguments remotely this month.

District courts are also changing protocols as the virus worsens again.

The U.S. District Court for the District of Columbia, canceled jury trials until Jan. 24, citing “an alarming explosion of cases” in Washington due to the omicron variant. That followed a decision by the District of Maryland to reduce in-person operations, including postponing jury and grand jury selection, as a precaution.

While some courts are canceling in-person case events, others are changing entrance guidance. The Eastern District of Virginia, for example, pointed to omicron recently when it issued new masking guidance requiring all people entering for court business regardless of vaccination status to wear N95 or KN95 masks.

The U.S. Supreme Court plans in-person arguments for its special session on Friday over the Biden administration’s Covid vaccine mandates for health care and other workers. The high court said on Tuesday that all the justices have received booster shots.