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Thursday, November 10, 2005

Law - Forcing the Supreme Court by statute to allow cameras at oral arguments

Tony Mauro of Legal Times has a story today titled "Bill Allowing Cameras in Supreme Court Gains Momentum." Some quotes:

"It's a question of when, in my judgment, not if," said Senate Judiciary Committee Chairman Arlen Specter, R-Pa., at a hearing on a bill that would mandate broadcast access unless a majority of justices voted against it in an individual case. * * *

After decades of futile efforts to persuade the Court to end its steadfast opposition to cameras on its own, the legislative approach -- forcing the issue by statute -- seems to be gaining momentum.

One factor cited by several witnesses is the renewed public interest in the Supreme Court, beginning with Bush v. Gore in 2000 and continuing with this year's confirmation hearings for Chief Justice John Roberts Jr. * * *

Specter also squared the proposal with his long-standing annoyance with the Supreme Court for overturning federal statutes in language that insults Congress. "Americans would be flabbergasted," Specter said, to see on television how the Supreme Court disrespects Congress. He predicted the coverage would put some "legitimate pressure" on the Court. * * *

C-SPAN CEO Brian Lamb pledged that if the bill, S. 1768, passes, his channels would provide gavel-to-gavel coverage of all Supreme Court proceedings. Lamb said he was reminded of the need for more public education about the Court when a student recently asked him "where they put the jury in the Supreme Court."

Adding a dramatic touch to the hearing, political scientist Peter Irons played the audiotape of part of the late Thurgood Marshall's 1958 argument in the civil rights case Cooper v. Aaron. The Court has recorded the audio of its arguments for the past 50 years, he said, "and I can't see any reason not to add the pictures to the audio."

Irons' appearance before Congress showed how far the debate has evolved in recent years. A dozen years ago, Rehnquist threatened Irons, a professor at the University of California-San Diego, with legal action for selling high court argument audiotapes in an educational package that has been used in hundreds of schools and colleges. On Wednesday, Irons' efforts were praised.

Also on the agenda Wednesday was another bill, S. 829, which would give federal appellate and trial judges the option of opening their courtrooms to cameras. The 2nd and 9th U.S. Circuit Courts of Appeals already allow broadcast coverage if the media request access and the panel hearing the case approves.

Here is a link to the Senate Judiciary Committee's page on the "Cameras in the Courtroom" hearing, including links to the testmony of the various witnesses.

Posted by Marcia Oddi on November 10, 2005 07:43 AM
Posted to General Law Related