Despite Kagan charm, high court still camera shy

Getty

Brendan Smialowski

For most, it’s not as entertaining as watching a singer make the American Idol judges’ jaws drop, or seeing a hard-charging entrepreneur impress The Donald.

But if you happen to be someone who would like to kick back on the couch and watch an exceptionally talented lawyer win over the members of the United States Supreme Court, don’t get your hopes up.

You can’t – at least not yet. 

Unlike the everyday proceedings of the House and Senate chambers, the high court’s consideration of important cases takes place out of the eye of television lenses. And unlike the public scene of Elena Kagan’s confirmation hearing on Capitol Hill this week, the snapping of camera shutters is silenced in the court’s chamber. Reporters covering arguments leave their cell phones, laptops, audio recorders, and Blackberries at the door. Except in a few cases, audio recordings are not available until the end of the court’s term, although transcripts are published on the Supreme Court’s website on the day of the arguments.

Defense lawyers have long been wary of television coverage of lower court proceedings, saying that the privacy of witnesses could be disrupted by cameras and that juries could be corrupted by media reports.

But Supreme Court oral arguments – the hour-long sessions during which attorneys for each side make their case before the court’s nine members – don’t feature the witness stands, Exhibit As, and jury deliberations of typical courtroom dramas. Just the nation’s best lawyers being questioned by nine people about their interpretation of the Constitution.

“Our view has always been that oral arguments don’t present any of the traditional arguments against cameras in district courts,” said Bruce Collins, C-SPAN’s general counsel.

One person on Collins’ side appears to be the court’s newest possible member, Elena Kagan. “I think it would be a terrific thing to have cameras in the courtroom,” said the Supreme Court nominee during her confirmation hearing earlier this week.

“It's an incredible sight, because all nine justices, they're so prepared, they're so smart, they're so thorough, they're so engaged, the questioning is rapid fire. You're really seeing an institution of government at work really in an admirable way,” she gushed.

But several of Kagan’s soon-to-be colleagues (assuming that she is confirmed later this summer) say that video of oral arguments would encourage grandstanding from the participants and sensationalist soundbite-editing from news outlets.

“If you introduce cameras, it is human nature for me to suspect that one of my colleagues is saying something for a soundbite,” Associate Justice Anthony Kennedy pleaded during congressional testimony in 2007. “Please don't introduce that insidious dynamic into what is now a collegial court.”

Security could also be a concern, according to Associate Justice Clarence Thomas. Currently, the justices live their lives in relative anonymity (According to a survey released by Findlaw.com, two-thirds of Americans cannot name a single sitting justice.)  Cameras, he said, could bring unwanted attention and intrusion into the lives of members who are, by definition, required to separate themselves from politics.  

Another concern is simply that oral arguments can be a little esoteric, to say the least. The exact definition of a “corrupting influence” via corporate general treasury funds? Discussions about the interpretation of the Footnote Four in United States v. Carolene Products?

So You Think You Can Dance, it ain’t.

"I think the case is so strong," now-retired Justice David Souter famously declared, "that I can tell you the day you see a camera come into our courtroom, it's going to roll over my dead body.”

But the question for broadcasters, transparency advocates, lawyers, and lawmakers remains: Should the public have the right to watch the Supreme Court mull over cases that could affect their daily lives?

The debate dates back at least to 1988, when C-SPAN chairman and CEO Brian Lamb wrote his first letter to then-Chief Justice William Rehnquist requesting gavel-to-gavel coverage of the court.  Scores of requests have followed; the court has always declined.

Lawmakers have weighed in as well. Former Senate Judiciary Committee chairman Sen. Arlen Specter, D-Penn., has twice shepherded legislation through the Senate Judiciary Committee that would require the court to televise its hearings.  The most recent proposal passed the committee with bipartisan support, by a vote of 13-6.  But so far, the bill has languished without a vote on the Senate floor.

The short-term prospects for camera backers look bleak. Congress may be reluctant to order around a branch of government with the power to strike down its laws. And without binding legislation, the justices would have to agree amongst themselves during one of their private sessions.

“This court is mysterious,” Collins laments. “Trying to figure out what goes on during these closed-door conversations is like reading tea leaves.”

Still, C-SPAN and its backers are hopeful that the doors of the court, over time, will inch open to eventually allow live broadcasts of its arguments.

If and when that happens, Kagan noted in her confirmation hearing, there’s one consequence that some of the justices will have to take into account.   Asked by Specter about what the televising of oral arguments could mean for the institution, Kagan deadpanned her response:

“It means I'd have to get my hair done more often, Senator Specter.”

 

Discuss this post

I like Elena Kagan's idea to televise the corrupt conservative activist less than supreme court so we can watch the 4 Ultraconservative Horsemen of Judicial Apocaplypse sell us out to corrupt corporate America.

  • 1 vote
Reply#1 - Fri Jul 2, 2010 2:38 PM EDT

Why should not the Supreme Court be televisde when in session? Perhaps it would drive Justice Thomas to ask a question or two or perhaps all could see the idiocy of Justice Scalia's remarks.

    Reply#2 - Fri Jul 2, 2010 3:31 PM EDT

    Personaly, I'd like to see Scalia hawking Mesotheilioma cases on late-night TV.

      #2.1 - Fri Jul 2, 2010 3:40 PM EDT
      Reply

      Charm?????????????????????

        Reply#3 - Fri Jul 2, 2010 3:50 PM EDT

        She's going to do fine on the bench

          Reply#4 - Fri Jul 2, 2010 4:32 PM EDT

          agreed!!

            #4.1 - Mon Jul 5, 2010 1:29 AM EDT
            Reply

            I don't believe cameras should be allowed into any federal court, especially the Supreme Court. We have cameras in congress and all we get are members of congress trying to get their 5 or 10 minutes of fame and mug for the cameras. The questions from some of these members of congress makes you wonder how they ever got elected. Remember the decisions handed down by the Supreme Court are done behind closed doors and not while the court is in session. Actually the hearings in front of the Supreme Court are quite boring and I doubt most people would watch it.

              Reply#5 - Fri Jul 2, 2010 5:41 PM EDT

              In the public eye, everyone should have their ten minutes of camera time!!

                #5.1 - Mon Jul 5, 2010 1:30 AM EDT
                Reply

                These are interesting arguments both for and against. The fear of 'grandstanding' seems very real and there are one or two current justices who may well fall into that. The fact that the proceedings are covered by journalists now and transcripts are available mitigates any fear of secrecy, at least in the presentation of arguments. And I don't believe that anyone is saying that the deliberations should be public. On the other hand it would be interesting to be able to view the tenor and tone of the questions and answers, which could reveal a great deal about the justices - good and bad.

                  Reply#6 - Fri Jul 2, 2010 6:18 PM EDT

                  Not only Justices but laywers would be wanting to grandstand. While I would like to see the Court in action it may well be the only branch of government that really should be more sequestered in what they do and how they do it. Justice Kagen will do well on the court.

                    #6.1 - Sat Jul 3, 2010 12:13 PM EDT

                    If you are really interested in what goes on in those Supreme Court arguments, you can read transcripts of oral arguments. Of course, that may be too much work for some....

                      #6.2 - Sat Jul 3, 2010 8:24 PM EDT
                      Reply

                      Kagan charm?? More lame street media crap.

                        Reply#7 - Sat Jul 3, 2010 9:47 AM EDT

                        I am shocked that these old fools treated her the way they did! They are just pissed they have lost control ,and a new generation who thinks totally different then they do ! Is now taking over . There service was good but look where they took us ..financial disaster...job loss...no-one can afford health care ....all while they collect 16 thousand a month ..and lol at the people!

                          Reply#8 - Sat Jul 3, 2010 11:32 AM EDT

                          More of a reason to have them televised!!

                            #8.1 - Mon Jul 5, 2010 1:34 AM EDT
                            Reply

                            Why isn't MSNBC covering the Department of Justice story, where Black on White voter intimidation will not be prosecuted?

                              Reply#9 - Sat Jul 3, 2010 11:55 AM EDT

                              Not only MSNBC but the MSM is not covering it. Only Fox News. The DOJ is nothing but a left wing organization that don't give a damn about peoples rights unless it benefits them. AG Holder should resign, especially for his stupid remarks about the AZ law being unconstitutional, but admitting he had not read it or even been briefed on it. His information came the left news media. The whole Obama administration is a joke.

                                #9.1 - Sat Jul 3, 2010 2:10 PM EDT

                                how can u say that when they upheld gun rights in Chicago!!?

                                  #9.2 - Mon Jul 5, 2010 1:33 AM EDT
                                  Reply

                                  They should be covering the Justice Department story where 0 degree murder by the FBI became legal. It is an extension of First Degree Murder, where my @!$%# stained FBI was immunized from the felony of interstate stalking in John Yoo's torture memos, and instead of putting a gun to someones head, or throwing them off a bridge, they use stellar wind to recruit every single person critical to a targets life. Using overlapping and perfectly synchronized tactics based on hypothetical potentials (no investigative reality at all) these pieces of garbage can utterly disintegrate someones life right from under their feet and deliver to commander and chief coward any ending he wants.

                                  It is truly the most perverted and repulsive crime in the human spectrum because they take away the forced FBI whores ability and right to defend themselves, by balancing plausibility in perception, with obvious and extreme consequence to anyone that does not want to be pimped. The only species in the animal kingdom where this is true because a @!$%#in dog can not be conditioned in such a way.

                                  The more important question is why Commander and Chief Coward, aka, our little dictator, did not weigh in if he is on the side of vampires or ware wolves. Unlike the Visitors, which fragmented the failure of our society via stellar wind into a long term cover to dismiss people with the craziest @!$%# you have ever heard, the former inspired millions of kids the world over to head. I don't even think it matters whether it is the wear wolves or vampires that are the Democrats.

                                    Reply#10 - Sat Jul 3, 2010 12:33 PM EDT

                                    Use something besides wikipedia as a source

                                      #10.1 - Sat Jul 3, 2010 11:36 PM EDT

                                      What?!?!? This doesn't even speak to me! I thought I was nuts!?!

                                      • 1 vote
                                      #10.2 - Mon Jul 5, 2010 7:11 PM EDT
                                      Reply
                                      You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
                                      As a new user, you may notice a few temporary content restrictions. Click here for more info.