Chief Justice Burger and the Bench: How Physically Changing the Shape of the Court's Bench Reduced Interruptions During Oral Argument

Abstract

In 1972, Chief Justice Burger changed the Supreme Court's bench from a straight bench to the U-shaped bench that exists today. He did so to minimize the amount of interruptions at oral argument and, consequently, to enhance collegiality among the justices. His belief was that if justices could better see and hear each other they would be more collegial. The question that piques our interest is did it work? To answer this question we examine oral argument transcripts from every argued ten years prior to the bench change as well as all argued ten years after the change. Our analysis reveals the bench change did in fact minimize interruptions among justices. These results suggest that physical changes may lead to greater collegiality among judges and among actors in other collegial bodies. They also highlight strategies leaders can employ to foster conducive conditions for discussion.