Proposal Calls for Chief Justice to Share Oral Argument and Conference Duties
A new SCOTUSBlog column suggests the chief justice should delegate presiding responsibilities for oral arguments and private conferences to other justices.
In a recent SCOTUSBlog post, the writer proposes reforming the Supreme Court’s internal hierarchy by having the chief justice relinquish the duties of overseeing oral arguments and the justices’ private conferences. The suggested mechanisms include an annual lottery that removes a justice from the pool after they have presided, ensuring all members eventually serve, as well as a month-by-month rotation during the nine-month court session.
The scheme would be optional, but the author expects most junior justices would welcome the opportunity. By randomizing who leads, the plan aims to build confidence among the bench and stop lawyers from timing filings to coincide with favored presiding judges. Additionally, the change could diversify which justices assign majority opinions, altering internal power dynamics without affecting the Court’s size or jurisdiction.
Why it matters
Changing who leads arguments could reshape power balance within the Supreme Court.
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