After anthrax closed the Supreme Court building in October, the court accepted e-mailed or faxed copies of original documents that were languishing in the (closed) Supreme Court mailroom or a nearby mail sorting facility closed due to quarantine.

The closing of the mailroom was especially troubling for litigants before the court, and for those petitioning to be heard there. The majority of paperwork filed with the Supreme Court is sent by mail. Additionally, the Court rules provide that a U.S. Postal Service post mark showing that documents were mailed prior to a filing deadline is sufficient proof that documents were sent on time (even if they arrive after the deadline).

The electronic filing period ended on December 10. While no plans have been made to make e-filing a routine event at the Supreme Court, The Washington Post reports that earlier this year Justice Clarence Thomas referred to e-filing as "not too distant" at a House sub-committee hearing on the Court's budget.