'Latest Question for Supreme Court: How to Rule on a Crowded Docket During a Pandemic' diff viewer (8/9)

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Latest Question for Supreme Court: How to Rule on a Crowded Docket During a Pandemic	Latest Question for Supreme Court: How to Rule on a Crowded Docket During a Pandemic
2020-06-24 14:28:15 UTC	2020-07-02 19:18:47 UTC (8 days later)
WASHINGTON — The Supreme Court, never the most transparent of institutions, has all but vanished.	WASHINGTON — The Supreme Court, never the most transparent of institutions, has all but vanished.
It still issues decisions, like the one on Monday that refused to extend absentee voting in Tuesday’s elections in Wisconsin. But the justices have stopped doing the most public part of their job, hearing arguments, and the courthouse is closed to the public. The last 20 arguments of the term, which had been scheduled for March and April, have been postponed indefinitely.	It still issues decisions, like the one on Monday that refused to extend absentee voting in Tuesday’s elections in Wisconsin. But the justices have stopped doing the most public part of their job, hearing arguments, and the courthouse is closed to the public. The last 20 arguments of the term, which had been scheduled for March and April, have been postponed indefinitely.
That has left major cases in limbo, notably ones on subpoenas from prosecutors and Congress for President Trump’s financial records, which had been scheduled to be heard on March 31. Those cases were going to be a test of the independence of the court even before the coronavirus crisis complicated matters.	That has left major cases in limbo, notably ones on subpoenas from prosecutors and Congress for President Trump’s financial records, which had been scheduled to be heard on March 31. Those cases were going to be a test of the independence of the court even before the coronavirus crisis complicated matters.
While the president’s free-form coronavirus briefings make him a constant presence in the nation’s consciousness, the court led by Chief Justice John G. Roberts Jr. has in important ways receded from view. Very little is known about how the justices are conducting their work in the midst of the pandemic or how they plan to proceed.	While the president’s free-form coronavirus briefings make him a constant presence in the nation’s consciousness, the court led by Chief Justice John G. Roberts Jr. has in important ways receded from view. Very little is known about how the justices are conducting their work in the midst of the pandemic or how they plan to proceed.
This presents the chief justice with a fresh set of challenges in what has already been a difficult year, and it is only April. He has said that he and his colleagues “don’t work as Democrats or Republicans,” but demonstrating that has required him to engage in a balancing act.	This presents the chief justice with a fresh set of challenges in what has already been a difficult year, and it is only April. He has said that he and his colleagues “don’t work as Democrats or Republicans,” but demonstrating that has required him to engage in a balancing act.
In January, he presided over the impeachment trial of Mr. Trump, with whom he has had a testy relationship, even as important cases concerning the president’s policies and business affairs were pending before the court.	In January, he presided over the impeachment trial of Mr. Trump, with whom he has had a testy relationship, even as important cases concerning the president’s policies and business affairs were pending before the court.
In February, he declined to comment when Mr. Trump criticized Justices Ruth Bader Ginsburg and Sonia Sotomayor, two liberal members of the court, and called on them to recuse themselves from all cases involving him. In March, though, the chief justice did respond to remarks by Senator Chuck Schumer of New York, the Democratic leader, attacking Mr. Trump’s two appointees to the court, Justices Brett M. Kavanaugh and Neil M. Gorsuch.	In February, he declined to comment when Mr. Trump criticized Justices Ruth Bader Ginsburg and Sonia Sotomayor, two liberal members of the court, and called on them to recuse themselves from all cases involving him. In March, though, the chief justice did respond to remarks by Senator Chuck Schumer of New York, the Democratic leader, attacking Mr. Trump’s two appointees to the court, Justices Brett M. Kavanaugh and Neil M. Gorsuch.
And on Monday, he joined the court’s other Republican appointees in a closely divided decision that delivered a victory to Wisconsin Republicans.	And on Monday, he joined the court’s other Republican appointees in a closely divided decision that delivered a victory to Wisconsin Republicans.
Chief Justice Roberts’s next challenge will be how to handle the postponed arguments. Rescheduling most of them to the fall would seem harmless. The nation can afford to wait a few months to hear, for instance, whether Booking.com can trademark its name.	Chief Justice Roberts’s next challenge will be how to handle the postponed arguments. Rescheduling most of them to the fall would seem harmless. The nation can afford to wait a few months to hear, for instance, whether Booking.com can trademark its name.
But deciding whether Mr. Trump’s accountants and bankers must turn over his tax returns and other financial records is more urgent. Deferring decisions on those cases until after the presidential election would strike many as a partisan act meant to aid Mr. Trump.	But deciding whether Mr. Trump’s accountants and bankers must turn over his tax returns and other financial records is more urgent. Deferring decisions on those cases until after the presidential election would strike many as a partisan act meant to aid Mr. Trump.
The court will not take that step lightly. The chief justice ordinarily takes the leading role in scheduling arguments. In the current crisis, though, the question of what to do about the postponed cases will almost certainly be resolved by the full court, either by consensus or by majority vote.	The court will not take that step lightly. The chief justice ordinarily takes the leading role in scheduling arguments. In the current crisis, though, the question of what to do about the postponed cases will almost certainly be resolved by the full court, either by consensus or by majority vote.
And it will be mindful of earlier cases in which it ruled promptly and unanimously required Presidents Richard M. Nixon and Bill Clinton to provide evidence.	And it will be mindful of earlier cases in which it ruled promptly and unanimously required Presidents Richard M. Nixon and Bill Clinton to provide evidence.
The Nixon case led to his resignation in the face of mounting calls for his impeachment. The Clinton case led to Mr. Clinton’s impeachment, though he survived a Senate vote on his removal.	The Nixon case led to his resignation in the face of mounting calls for his impeachment. The Clinton case led to Mr. Clinton’s impeachment, though he survived a Senate vote on his removal.
The other pressing case on the court’s docket concerns whether members of the Electoral College may cast their votes for presidential candidates other than the ones they had pledged to support. A decision by June would allow the court to act without knowing which candidate in the 2020 election could benefit from its ruling.	The other pressing case on the court’s docket concerns whether members of the Electoral College may cast their votes for presidential candidates other than the ones they had pledged to support. A decision by June would allow the court to act without knowing which candidate in the 2020 election could benefit from its ruling.
A decision after the election itself, by contrast, would again raise the specter of partisanship. That such a dispute might arise is not fanciful: The votes of only 10 “faithless electors” could have changed the outcomes in five of the previous 58 presidential elections. In the 2000 election, for instance, George W. Bush beat Al Gore by five electoral votes.	A decision after the election itself, by contrast, would again raise the specter of partisanship. That such a dispute might arise is not fanciful: The votes of only 10 “faithless electors” could have changed the outcomes in five of the previous 58 presidential elections. In the 2000 election, for instance, George W. Bush beat Al Gore by five electoral votes.
The court has another blockbuster on the horizon, a challenge to President Barack Obama’s health care law. But the justices took their time in agreeing to hear the case, ensuring that it would not be argued until the fall.	The court has another blockbuster on the horizon, a challenge to President Barack Obama’s health care law. But the justices took their time in agreeing to hear the case, ensuring that it would not be argued until the fall.
When the justices take the bench, their questions reflect intense preparation, mastery of the record and sheer brainy competence that is not always apparent in the other branches. Without oral arguments, the court’s work can feel thin and haphazard.	When the justices take the bench, their questions reflect intense preparation, mastery of the record and sheer brainy competence that is not always apparent in the other branches. Without oral arguments, the court’s work can feel thin and haphazard.
But the prospect of holding arguments at the courthouse itself anytime soon seems extremely remote in light of the health crisis and the ages of the justices.	But the prospect of holding arguments at the courthouse itself anytime soon seems extremely remote in light of the health crisis and the ages of the justices.
Justice Ginsburg is 87, and Justice Stephen G. Breyer is 81. Four other members of the court — Chief Justice Roberts and Justices Sotomayor, Clarence Thomas and Samuel A. Alito Jr. — are 65 or older.	Justice Ginsburg is 87, and Justice Stephen G. Breyer is 81. Four other members of the court — Chief Justice Roberts and Justices Sotomayor, Clarence Thomas and Samuel A. Alito Jr. — are 65 or older.
Justice Ginsburg has continued to come to the largely empty courthouse — to work out with her trainer.	Justice Ginsburg has continued to come to the largely empty courthouse — to work out with her trainer.
“The court has set aside the limited private space next to its health facility for Justice Ginsburg to exercise,” according to the court’s spokeswoman, Kathleen Arberg. “Her doctors share her view that the training sessions are essential to her well-being. The space is being used exclusively by the justice. No other justices are using the space, and the employee gym is closed to all users.”	“The court has set aside the limited private space next to its health facility for Justice Ginsburg to exercise,” according to the court’s spokeswoman, Kathleen Arberg. “Her doctors share her view that the training sessions are essential to her well-being. The space is being used exclusively by the justice. No other justices are using the space, and the employee gym is closed to all users.”
Justice Breyer has been working from his home in Cambridge, Mass., consulting with his law clerks by phone and email, and doing his part in the kitchen. Last week, he shared his recipe for Italian pot roast with The Wall Street Journal.	Justice Breyer has been working from his home in Cambridge, Mass., consulting with his law clerks by phone and email, and doing his part in the kitchen. Last week, he shared his recipe for Italian pot roast with The Wall Street Journal.
~~Updated June ~~24,~~ 2020~~	Updated June 30, 2020
	Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.	Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.	A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.	The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.	The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.	So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.	Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.	A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.	The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)	If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.	If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
In a cryptic news release last week, the court gave no indication about whether it would decide the cases it has postponed by the end of June, when its term ordinarily ends.	In a cryptic news release last week, the court gave no indication about whether it would decide the cases it has postponed by the end of June, when its term ordinarily ends.
It has four basic alternatives to hearing arguments at the courthouse in the next couple of months: deferring them to the next term, which starts in October; truncating the justices’ long summer break to allow for arguments in July, August or September; deciding cases based solely on written submissions; and using the modern technology familiar to every American working from home.	It has four basic alternatives to hearing arguments at the courthouse in the next couple of months: deferring them to the next term, which starts in October; truncating the justices’ long summer break to allow for arguments in July, August or September; deciding cases based solely on written submissions; and using the modern technology familiar to every American working from home.
In earlier public health crises, the court simply put things off. It postponed arguments in 1918 during the Spanish flu epidemic, a recent news release from the court said. “The court also shortened its argument calendars in August 1793 and August 1798,” the release said, “in response to yellow fever outbreaks.”	In earlier public health crises, the court simply put things off. It postponed arguments in 1918 during the Spanish flu epidemic, a recent news release from the court said. “The court also shortened its argument calendars in August 1793 and August 1798,” the release said, “in response to yellow fever outbreaks.”