The Supreme Court justices heard oral arguments remotely this week, and for the first time the arguments were streamed live to the public.; Credit: Saul Loeb/AFP via Getty Images

For the first time in its 231-year history, the Supreme Court justices heard oral arguments remotely by phone and made the audio available live.

The new setup went off largely without difficulties, but produced some memorable moments, including one justice forgetting to unmute and an ill-timed bathroom break.

Here are the top five can't-miss moments from this week's history-making oral arguments.

A second week of arguments begin on Monday at 10 a.m. ET. Here's a rundown of the cases and how to listen.

1. Justice Clarence Thomas speaks ... a lot

Supreme Court oral arguments are verbal jousting matches. The justices pepper the lawyers with questions, interrupting counsel repeatedly and sometimes even interrupting each other.

Justice Clarence Thomas, who has sat on the bench for nearly 30 years, has made his dislike of the chaotic process well known, at one point not asking a question for a full decade.

But with no line of sight, the telephone arguments have to be rigidly organized, and each justice, in order of seniority, has an allotted 2 minutes for questioning.

It turn out that Thomas, second in seniority, may just have been waiting his turn. Rather than passing, as had been expected, he has been Mr. Chatty Cathy, using every one of his turns at bat so far.

Thomas broke a year-long silence on Monday in a trademark case testing whether a company can trademark by adding .com to a generic term. In this case, Booking.com.

"Could Booking acquire an 800 number, for example, that's a vanity number — 1-800-BOOKING, for example?" Thomas asked.

2. The unstoppable RBG

Justice Ruth Bader Ginsburg participated in Wednesday's argument from the hospital. In pain during Tuesday's arguments, the 87-year-old underwent non-surgical treatment for a gall bladder infection at Johns Hopkins Hospital later that day, according to a Supreme Court press release.

But she was ferocious on Wednesday morning, calling in from her hospital room in a case testing the Trump administration's new rule expanding exemptions from Obamacare's birth control mandate for nonprofits and some for-profit companies that have religious or moral objections to birth control.

"The glaring feature" of the Trump administration's new rules, is that they "toss to the winds entirely Congress' instruction that women need and shall have seamless, no-cost, comprehensive coverage," she said.

3. Who flushed?

During Wednesday's second oral argument, Barr v. American Association of Political Consultants, a case in which the justices weighed a First Amendment challenge to a federal rule than bans most robocalls, something very unexpected happened.

Partway through lawyer Roman Martinez's argument time, a toilet flush could be distinctly heard.

Martinez seemed unperturbed and continued speaking in spite of the awkward moment.

The flush quickly picked up steam online, becoming the first truly viral moment from the court's new livestream oral arguments.

4. Hello, where are you?

Justice Sonia Sotomayor, considered one of the most tech-savvy of the justices, experienced a couple of technical difficulties with her mute button.

In both Monday and Tuesday arguments, the first time she was at bat, there were prolonged pauses, prompting Chief Justice John Roberts to call, "Justice Sotomayor?" a few times before she hopped on with a brief, "Sorry, Chief," before launching into her questions.

By Wednesday she seemed to have gotten used to the new format, but the trouble then jumped to Thomas, who was entirely missing in action when his turn came. He ultimately went out of order Wednesday morning.

5. Running over time

Oral arguments usually run one hour almost exactly, with lawyers for each side having 30 minutes to make their case. In an attempt to stick as closely as possible to that format, the telephone rules allocate 2 minutes of questioning to each justice for each round of questioning.

Chief Justice John Roberts spent the week jumping into exchanges, cutting off both lawyers and justices in the process, to keep the proceedings on track. Even so the arguments ran longer than usual.

But in Wednesday's birth control case, oral arguments went a whopping 40 minutes longer than expected.

Justice Alito, for his part, hammered the lawyer challenging the Trump administration's new birth control rules for more than seven minutes, without interruption from the chief justice.

Referencing a decision he wrote in 2014, Alito said that "Hobby Lobby held that if a person sincerely believes that it is immoral to perform an act that has the effect of enabling another person to commit an immoral act, the federal court does not have the right to say that this person is wrong on the question of moral complicity. That is precisely the question here."

Christina Peck is NPR's legal affairs intern.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Birth control pills in 1976 in New York. The birth control pill was approved by the FDA 60 years ago this week.; Credit: /Bettmann/Getty Images

Updated at 9:44 a.m. ET

As a young woman growing up in a poor farming community in Virginia in the 1940 and '50s, with little information about sex or contraception, sexuality was a frightening thing for Carole Cato and her female friends.

"We lived in constant fear, I mean all of us," she said. "It was like a tightrope. always wondering, is this going to be the time [I get pregnant]?"

Cato, 78, now lives in Columbia, S.C. She grew up in the years before the birth control pill was approved by the U.S. Food and Drug Administration, on May 9, 1960. She said teenage girls in her community were told very little about how their bodies worked.

"I was very fortunate; I did not get pregnant, but a lot of my friends did. And of course, they just got married and went into their little farmhouses," she said. "But I just felt I just had to get out."

At 23, Cato married a widower who already had seven children. They decided seven was enough.

By that time, Cato said, the pill allowed the couple to avoid having more babies — and she eventually was able to go on to college.

"It was just like going from night to day, as far as the freedom of it," Cato said. "And to know that I had control, that I had choice, that I controlled my body. It gave me a whole new lease on life."

Loretta Ross, an activist and visiting women's studies professor at Smith College, was among the first generation of young women to have access to the birth control pill throughout their reproductive years.

Ross, now 66, said by the time she came of age around 1970, the pill was giving young women more control over their fertility than previous generations had enjoyed.

"We could talk about having sex – not without consequences, because there were still STDS ... but at the same time, with more freedom than our foremothers had," Ross said. "So it changed the world."

For all it's done for women, Ross said that the pill has a complex and controversial history; it was first tested on low-income women in Puerto Rico. Ross said the pill also has limitations; she'd like to see it made available over the counter, as it is in some countries – not to mention, a pill for men.

When the pill was approved in 1960, women had few relatively few contraceptive options, and the pill offered more reliability and convenience than methods like condoms or diaphragms, said Dr. Eve Espey, chair of the Department of Ob/Gyn and Family Planning at the University of New Mexico.

"There was a huge, pent-up desire for a truly effective form of contraception, which had been lacking up to that point," Espey said.

By 1965, she said, 40% of young married women were on the pill.

For Pat Fishback, now 80 and living in Richmond, Va., the newly-available pill allowed her to delay having children in her early 20s until she'd been married for a couple of years.

"It also made having children a positive experience," Fishback said. "Because we had actually, emotionally and intellectually, gotten to the point where we really desired to have children."

It took a bit longer for unmarried women to gain widespread access to the pill and other forms of contraception: Linda Gordon, 80, a historian at New York University, remembers the stigma around single women and contraception at the time.

"When I was in college, a number of women had a wedding ring – a gold ring –that we would pass around and use when we wanted to go see a doctor to get fitted for a diaphragm," Gordon said. "In other words, there were people finding their way to do that, even then."

The pill also gave rise to a variety of other forms of hormonal contraception, many of which are popular today, Gordon said. According to the Centers for Disease Control and Prevention, nearly 13% of American women of reproductive age use the pill — making it the second most popular form of contraception, after female sterilization.

Gordon said that 60 years after the pill's approval, contraception remains a contentious political issue.

Just this week, the U.S. Supreme Court heard arguments in a case involving the birth control mandate in the Affordable Care Act. A decision on whether some institutions with religious or moral objections can deny contraceptive coverage to their employees is expected in the months to come.

This content is from Southern California Public Radio. View the original story at SCPR.org.

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