Roberts Hints at Changes to ‘Too Long’ Supreme Court Arguments

Chief Justice John Roberts lamented that Supreme Court arguments are dragging on and previewed possible changes to the format for questioning attorneys.

The court typically allots an hour per case, but Roberts said Wednesday that more of them than he’d like are going on “a little too long,” and are “maybe not as focused as usual.”

“I think it has blown up a little bit. It’s too long. I think we’ll have to look at it over the summer,” Roberts told the Third Circuit judicial conference in Hershey, Pa.

Still, he said he would consider other interests and wouldn’t change the format unilaterally.

The high court used to hear arguments in an hour of free-for-all questioning. But the justices changed the format once they returned in person following the pandemic to a hybrid style. They combined the old format with a round of individual questions by seniority.

The change has meant arguments can run longer. Just last month, the dispute over President Donald Trump’s effort to curb birthright citizenship stretched past two hours.

Security Funding

Roberts also praised recent movement on legislation that would increase funding for judicial security, in response to increasing threats against federal judges and other public officials.

“I’m glad to be able to be optimistic about increased funding for the Marshals Service,” Roberts said.

He was responding to a question about how judges can be safer. The issue is top of mind within the Third Circuit, which covers federal courts in Delaware, New Jersey, and Pennsylvania. A New Jersey federal judge’s son was murdered in 2020 by a disgruntled lawyer posing as a delivery driver.

House appropriators have proposed giving the judiciary $921 million for security in fiscal 2027, which begins Oct. 1, matching the court system’s request. If enacted, it would represent a roughly 3% increase over current levels.

Lawmakers have also suggested giving $1.74 million for the US Marshals Service’s salaries and expenses, a 2% increase over its current budget. The law enforcement had its budget trimmed several years ago.