The short-handed Supreme Court on Monday heard arguments in a case that asks whether judges are partisan policy-makers or neutral umpires, taking up a timely question amid a bitterly divisive confirmation fight that could solidify a conservative majority on the bench for decades.

The court opened its new term Monday less than a month after the death of liberal stalwart Justice Ruth Bader GinsburgRuth Bader Ginsburg5 major cases to watch at the Supreme Court Klobuchar calls for postponement of Supreme Court hearing: ‘We don’t know how many other Republican senators had’ COVID-19 Stephanopoulos pushes Trump campaign adviser on president’s limited mask-wearing MORE and less than a month before the 2020 elections.

It also comes as Senate Republicans race against the electoral clock to confirm President TrumpDonald John TrumpQuestions remain unanswered as White House casts upbeat outlook on Trump’s COVID-19 fight White House staffers get email saying to stay home if they experience coronavirus symptoms White House says ‘appropriate precautions’ were taken for Trump’s outing to see supporters MORE’s third Supreme Court nominee, Judge Amy Coney Barrett, who would give the court a 6-3 conservative tilt.

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In a sign of the times, the court’s eight justices heard arguments by telephone due to the coronavirus, which has sickened Trump and hospitalized him for a fourth day.

The virus has also infected at least two GOP members of the Senate Judiciary Committee who attended a White House ceremony for Barrett a little more than a week ago, and their illness now threatens to derail her fast-track confirmation process.

The justices heard arguments Monday over a challenge to a longstanding Delaware rule that mandates a bipartisan political balance on its most important courts.

Delaware law requires that judges be members of either the Democratic or Republican Party. What’s more, neither Democratic nor Republican judges may outnumber the other party by more than a bare majority.

James Adams, a Delaware lawyer who said he wanted to be considered for a judgeship but felt his status as an independent disqualified him, brought a legal challenge. Adams, a supporter of Sen. Bernie SandersBernie SandersBattleground voters are pragmatic on energy The Hill’s Campaign Report: Trump’s COVID-19 diagnosis upends 2020 race | Biden pushes ahead on the campaign trail | Senate moving forward with Supreme Court nominee hearings Sanders to hold ‘socially distanced rally’ for Biden in New Hampshire MORE (I-Vt.), argued that Delaware’s political balance rule violates his First Amendment right to free association.

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