Chief Justice Roberts signals possible reforms to lengthy Supreme Court arguments

Chief Justice John Roberts suggested Wednesday that the Supreme Court may reconsider its current oral argument format after a rise in lengthy courtroom exchanges in recent years.

Speaking at the U.S. Court of Appeals for the Third Circuit’s judicial conference, Roberts said arguments that are formally scheduled for one hour are increasingly running overtime.

“I think it has blown up a little bit. It’s too long,” he said, referring to the Court’s questioning process. “I think we’ll have to look at it over the summer.”

Roberts emphasized that any changes would be made collaboratively with the other justices rather than imposed unilaterally.

The comments point to growing concern inside the Court over procedures adopted during and after the COVID-19 pandemic. 

Before the pandemic, oral arguments were often marked by rapid-fire exchanges in which justices freely interrupted attorneys and one another. When the Court shifted to remote hearings in 2020, however, it introduced a more structured format that gave each justice an uninterrupted opportunity to question lawyers in order of seniority.

Although the Court returned to in-person sessions, much of that structure remained in place. The result has been significantly longer hearings, with some major cases stretching well beyond their traditional one-hour limit.

Roberts’s remarks suggest the Court may seek a balance between thorough legal examination and maintaining concise, focused arguments. 

Legal analysts have noted that while extended questioning can help clarify complex constitutional issues, it can also produce repetitive exchanges and diminish the efficiency of proceedings.