Media Request for Live Video/Audio of Hand-Down Days
posted by Gerard Magliocca
Some media organizations have petitioned the Supreme Court asking the Justices to permit live coverage of the hand-down of the opinions on the Affordable Care Act. There is no good reason for the Court to deny this request.
With respect to oral arguments, there are valid arguments against live coverage. It might cause lawyers or Justices to behave differently and hurt the deliberative process. (I don’t believe this, but a reasonable person could.) The same is not true for the comments from the bench when an opinion is issued. The case is (by definition) decided–the outcome cannot be affected. At that stage, the Justices are informing the public of their decision and reasons. Why should that be restricted to a few hundred people who get seats in the courtroom?