It is truly remarkable that it is possible for any citizen of the United States to visit the Supreme Court to hear oral arguments. It does require careful planning, warm clothes, an umbrella and the ability to get up very early. And after last week, I think that a visit to hear oral arguments belongs on the bucket list of anyone who follows the activities of the judicial branch. It is outstanding!
On January 15, 2013, the U.S. Supreme Court scheduled oral arguments for Koontz v. St. Johns River Water Management District and I decided to attend. This is a takings case involving wetlands mitigation. The two questions before the court were these:
1) Whether the government can be held liable for taking when it refuses to issue a land-use permit on the sole basis that the permit applicant did not accede a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan v. California Coastal Commission, 483 U.S. 825 (1997), and Dolan v. City of Tigard, 512 U.S. 374 (1994); and
2) Whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use.
The room where oral arguments are heard has limited seating. There are 60+ seats for everyday citizens with additional seating for members of the Supreme Court Bar, law clerks, special guests and the news media. For the general public it is necessary to get in line to get a seat. If a person gets in line too late, they do not get in. It is often difficult to determine the amount of interest an individual case might attract and therefore how early to arrive. I elected for 6:00 a.m. and was the third person in line, where I stood shivering under an umbrella in the dark with other individuals who elected to arrive early enough to guarantee a spot.
The progression to the hearing room is an interesting ritual. First one gets in line under a small tree at the edge of the Supreme Court plaza. Later we were moved to a lower entrance to the Supreme Court where we were assigned numbers. By 7:30 the first 10-20 people in line entered and went through security and we had a little time to get a cup of coffee and something to eat before we got in line again. There were lots of opportunity to meet other people and find out why they were there. The guards kept trying to shush us, but with little success.
Around 9:00 we went upstairs to deposit ALL our belongings except pen and paper in a cloakroom and then we got in another line, went through the metal detector again and were seated, reseated and seated again to squeeze in as many people as possible into the room where oral arguments are heard. Security staff paced the room watching us like hawks. Their role was twofold: to provide security and to ensure the audience maintained proper decorum. If someone tried to remove a suit jacket, they were instructed to take it to the cloakroom. The guards and security staff were kind, helpful and firm about the rules.
The oral arguments are just that: arguments. The Supreme Court Justices pepper the attorneys arguing their respective sides of the case with questions. They ask for clarification on certain points and probe for weaknesses. It is lively, sometimes humorous, and illuminating.
Arguments are scheduled to last exactly one hour. Afterwards the audience is hustled out of the room to gather their belongings from the cloakroom and move back downstairs.
Over the years I’ve heard many summaries of oral arguments and my observation is that they are not reliable indicators of what the Justices final position will be on a case. But they do provide an extraordinary insight into issues the Supreme Court Justices believe are important and an opportunity to listen to some of the best legal minds in the country.
Below are links to information on how to attend the oral arguments, as well as more information about this case.
Koontz v. St. Johns River Water Management District: Supreme Court website:
Transcript of Oral Argument January 15, 2013
Supreme Court hears oral arguments in Florida property rights case
Koontz gets hearing at the Supreme Court – Pacific Legal Foundation
Koontz v. St. John’s River Water Management District – Post-Argument SCOTUScast
SCOTUScast 1-18-13 featuring Richard Epstein
St. Johns River water Management District Facts
A visitor guide to oral arguments
Practical Tips for Attending Oral Arguments at the U.S. Supreme Court
Yelp: Supreme Court of the United States – 4.5 stars (38 reviews)
