CAFC Switches to Video Arguments for February, Requires Wearing of N95 Masks for Entering Building

The U.S. Court of Appeals for the Federal Circuit will conduct all scheduled arguments for the February 2022 session by videoconference, the court said in a Jan. 18 notice. However, only arguing counsel will have access to the video call, while the general public may only livestream the argument's audio. No motions for access beyond arguing counsel will be entertained, the court said.

"Due to changing public health conditions impacting the National Capital Region, the U.S. Court of Appeals for the Federal Circuit will now be conducting all scheduled arguments for the February 2022 session by video conference," the notice said. "The Clerk’s Office will be separately notifying counsel in all impacted cases and providing additional instructions."

In a second notice, the Federal Circuit also required that anyone entering the National Courts Building complex -- the home of the appellate court and the Court of Federal Claims -- must be wearing either an N95, KN95 or KF95 face mask. The Federal Circuit made the change in Revised Protocols for In-Person Arguments. Adapting the court's COVID-19 guidelines to match recommendations from the Centers for Disease Control and Prevention, the Federal Circuit also said that anyone seeking to enter the National Courts Building must show proof of having received a negative polymerase chain reaction COVID-19 test administered within the 72 hours before oral argument. These tests must be administered after completion of travel to Washington, D.C., for their argument.