I attended the US Supreme Court’s oral arguments on Monday to hear the fate of the PCAOB argued in FEF and Beckstead & Watts v. PCAOB. It was my first time visiting the land’s highest court. For those that haven’t been, here are 10 take-aways:

1. Simply Wow; A Real Patriotic Experience – Having been to numerous Congressional hearings and other “official” DC meetings, nothing else compares. I could literally feel the history of the country in the room. And I was proud that we have such sharp minds on the bench, even though I don’t agree with all of the views expressed. A “must” for any lawyer, and really any US citizen.

2. How to Attend – I enjoyed the perks of my journalistic hat and obtained a press pass. But even though seating is limited, the main room holds 400-500 and many left after the PCAOB hearing – so it would have been easy to come in and hear the second case. Here is an explanation of how to get in. I saw a number of PCAOB and SEC Staffers in the audience – they got in the same way as the general public. I understand that the cafeteria is open to the public – and it smelled good!

3. Oyez, Oyez, Oyez – When the Justices come into the room – entering simultaneously from behind curtains like magic – they are not announced by their individual names. Instead, they are introduced as a group – followed by three chants of “Oyez’s” by the Court’s Marshall. “Oyez” is sort of an old English tradition. Here is a recording of what that sounds like. Silence by the audience is requested and observed, except for several occasions when something funny is said and there is laughter (ie. a live studio audience). At the conclusion, only one person forgot to observe the request to remain quiet and clapped.

4. Entry into the Supreme Court Bar – The first order of business is the swearing-in of new members of the exclusive Supreme Court Bar. Only those admitted to this bar are permitted to argue before SCOTUS. It’s a pretty small group that does – even though the admission process appears easy – you fill out a form with two sponsors, provide a certificate from your state bar and pay a fee. The problem is that the bar is so small that it’s hard to find two existing SCOTUS bar members to sponsor you. That’s one reason why nepotism happens frequently (although I imagine the practice of parents sponsoring their children is primarily ceremonial as the real SCOTUS bar is dominated by a much smaller subgroup as noted in this paper).

5. Questioning is Pointed – One of the reasons why a visit to hear oral arguments is interesting is that it’s action packed. The lawyers arguing their cases are frequently interrupted by the Justices. It’s not rude – it’s just that time is limited and this is the way it works. During the PCAOB arguments, each advocate didn’t get more than 60 seconds into their opening remarks before they got hit with their first question.

6. Fun Factoids – Very rarely during the 75-minute hearing (it went 15 minutes over) did the term “PCAOB” get mentioned – only 5 times. The PCAOB was often referred to as the “Accounting Board.” And “Sarbanes-Oxley” didn’t get mentioned at all. Don’t believe me? Check the transcript.

7. No Electronics – No electronics of any kind are allowed in the hearing room. Actually, very little of anything. I was allowed to bring in a pad and a pen since I was press. Four sketch artists were drawing to the left of me – probably commissioned by some of the lawyers presenting the arguments (my mom is an artist and has been commissioned to do so in the past).

8. Only One Woman on the Walls – As well known, the Supreme Court has been dominated by white men over its 200-year plus history. As a result, the portraits hanging on the walls reflect that history. With one exception (there could have been more, I didn’t do a comprehensive search), there is a portrait of “Mrs. Roger Taney.” Her own first name is inscribed in small letters underneath (ie. Anne). Poor woman is subjugated to her husband even in death.

9. Building Being Modernized – Although it was hard to tell, posted signs indicate that the Supreme Court building is being modernized for the first time since it was completed 75 years ago. It’s a tremendous building – beautiful through and through. Nice marble walls in the bathroom (Best public bathrooms in DC? The Mandarin Hotel by far).

10. Transcripts Available – Recently, the US Supreme Court began posting same day transcripts of oral arguments. Here is the transcript from the PCAOB case.

Bob Monks recently blogged about his experience of attending the SCOTUS’ Jones v. Harris oral arguments…

Chief Justice Roberts: Examines Intersection of PCAOB and Public Companies

As noted on page 38 of the transcript, Chief Justice Roberts asked several questions about the power of the PCAOB to compel a public company to respond to a PCAOB investigation. Solicitor General Lagan hedged her answer, but essentially said the PCAOB could go to the SEC to obtain a subpoena for this purpose. They were both off the mark a little bit here.

As I’ve been blogging for a long time (also see this https://www.thecorporatecounsel.net/blog/2009/12/petitioners-argument-the-petitioners-fef.html