3

The US Supreme Court will be hearing oral arguments during Corona virus pandemic over teleconference. This is to comply with social distancing and prevent the spread of the disease. But why are they making the live audio feed available to the press and public in real time; something they have been steadfastly reluctant to allow? (Some say recalcitrant.)

related: Why does the United States Supreme Court oppose cameras, when Australia's, Canada's, and UK's have permitted them?

Naftali Tzvi
  • 181
  • 11

1 Answers1

2

Normally this is "available to the public" in the sense that the normal court proceedings are open to the public, and will be attended by both the press and members of the public. This is in holding with traditional views of the judiciary about itself as doing the people's work, and the historical concerns that non-public hearings are a vector for corruption and injustice. Most federal courts, and some state courts, in the US have discretion on whether they allow things like cameras, and when a court does decide to allow them it's usually because the case has such vast and important public interest that the court decides it must expand access to satisfy the people and do their work. The OJ Simpson and Ted Bundy cases (the latter being one of the first criminal trials ever televised) come to mind as examples.

The SCOTUS hasn't allowed recordings on normal proceedings, at least in part out of fear that the Justices would change their behaviors and ultimately rulings as a result; but not necessarily solely for that, as tradition alone is a powerful force within SCOTUS. But the current situation is exceptional, as in-person attendance by anyone is essentially ruled out. So to retain that critically important aspect of public access and open proceedings, they have essentially no choice but to provide a live stream.

zibadawa timmy
  • 3,455
  • 1
  • 13
  • 22