All Nine Supreme Court Justices Healthy, Spokeswoman Says

(Bloomberg) -- All nine U.S. Supreme Court justices are healthy and took part in a private conference Friday, a spokeswoman said, as the court signaled it was trying to move ahead with its work despite the coronavirus outbreak.

The justices didn’t engage in their traditional practice of shaking hands before the regularly scheduled meeting, and “a number” of them participated by phone, court spokeswoman Kathy Arberg said in an email.

The pandemic has prompted the justices to postpone the two-week argument session that was set to start next week, but the court will issue orders and opinions online Monday morning, Arberg said. That marks a break from the traditional practice of announcing opinions from the bench.

Two of the court’s nine members are in their 80s -- Justice Ruth Bader Ginsburg, who turned 87 on Sunday, and Justice Stephen Breyer, 81. Four others are 65 or older: Justice Clarence Thomas, 71; Justice Samuel Alito, 69; Justice Sonia Sotomayor, 65; and Chief Justice John Roberts, 65. Elderly people are at increased risk of dying should they contract the coronavirus, and Sotomayor’s diabetes puts her at elevated risk as well.

Following Guidance

“Like all of us, the justices are following public health guidance,” Arberg said.

The court had been set to hear arguments in 11 cases during the weeks of March 23 and March 30. Those cases include an $8 billion copyright clash between Alphabet Inc.’s Google and Oracle Corp., set for argument March 24.

The court was also planning March 31 arguments on President Donald Trump’s challenge to subpoenas for his financial information issued by three House committees and a New York grand jury. Trump is trying to block his banks and accounting firm from turning over the records.

In addition to the now-postponed March sitting, the court has one more two-week argument session on its calendar, currently set to start April 20. That session includes a case that could affect the 2020 presidential election, a fight over “faithless electors” who refuse to cast their Electoral College votes for the candidate who won their state’s balloting.

It’s possible the court will hold back some of those cases for the nine-month term that starts in October. But the justices could also opt to change their argument procedures, possibly holding sessions by phone or even deciding some cases without hearing arguments.

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