Editor’s note: Raul A. Reyes is an attorney and a member of the USA Today Board of Contributors. Follow him on Twitter @RaulAReyes. The opinion expressed in this commentary is his own. read on More opinions At CNN.
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Oral arguments on student loan relief, immigration and labor relations among workers will begin next week at the Supreme Court. Agenda case. The Supreme Court of the United States will hear from some of the nation’s best attorneys on issues affecting the daily lives of Americans.
But sadly, only a tiny subset of our fellow citizens will be able to see judges in action. That’s the reason The High Court has yet to ban any videos His courtroom recording. Now more than ever, this outdated policy needs to change.
Supreme Court proceedings are not secret: Courts already provide transcripts and audio recordings of oral arguments. And 50 seats are allotted So that the general public can present oral arguments in the courtroom.
But many people don’t know or don’t know how to easily access those transcripts, which, in any case, don’t reveal the tone, body language and other nuances of the exchanges between the justices and attorneys before them during oral arguments. .
And competition for the limited number of seats can be fierce, often involving queuing early in the morning – or sometimes even camping the night before – to be granted entry.
Why should access to oral arguments be restricted to the well-connected? Or those who live in or near Washington, DC and who can spend hours at the Supreme Court?
Allowing cameras into courtrooms – the way C-SPAN currently broadcasts and rebroadcasts the proceedings of the US House of Representatives and Senate – would provide Americans with a window Nonpartisan advocacy group Called “the most powerful, least accountable part of government”.
Broadcast coverage of Supreme Court arguments is a concept that is neither radical nor partisan. In 2016, the Government Accountability Office published a report Examining the potential value of live audio and video coverage of High Court proceedings. The GAO concluded that cameras would increase citizen interest and educate the public about the justice system.
And there can be little doubt about the public interest in such activities: Americans have shown that they are willing to engage in politics given the opportunity. Millions of people For a Jan. 6 committee hearing, Trump favors First impeachment trial And for that Second Second Impeachment Trial.
Nevertheless, Chief Justice John Roberts was Less than encouraging When he was asked In 2018 Regarding the introduction of cameras in courtrooms.
“[W]E is a very careful institution. I think our process for hearing and prosecuting cases is working very well and I think to dramatically change something like televising the proceedings would be detrimental and I think,” Roberts explained.
Given how the court’s conservative majority has cast aside decades of precedent Reversing Roe v. Wade Last year, Roberts described how the court was a “very careful institution” — to say nothing of his claim that the court’s processes were working well — square with reality.
In fact, just the opposite is true, at least in terms of public perception. There is trust in the Supreme Court A record low. According to Gallup, only 4 in 10 Americans say they approve of how the Supreme Court is doing its job; About 6 in 10 disagree.
Several of the current justices, including Roberts, Samuel Alito, and Elena Kagan, felt Open to camera ideas While they were nominated, they changed their minds after being benched. Another justice, Sonia Sotomayor, a 2019 TV Interview suggested that the introduction of cameras could encourage showboating, in an institution that prides itself on its sense of reserve and decorum. “Every decision we make is written, fully explained, fully defended, fully arranged. But you can’t do that and maintain a show,” Sotomayor said.
However, no one is asking for a show. The public is only entitled to watch the courts at work – as they might watch their local school board or city council meetings. It’s hardly a big ask, given that nine justices have lifetime appointments — and a big influence on the lives of Americans.
Some legal experts agree with Sotomayor to argue Live cameras in courtrooms may result in lawyers performing for the cameras, or encourage protesters determined to disrupt court proceedings. They fail to realize that judges – assisted, of course, by marshals and court officers – can conduct their own proceedings. And, frankly, if dysfunctional behavior occurs in court, the public should be able to see and judge it for themselves.
Any negative aspects of cameras are outweighed by the enormous benefits of judicial openness. But the High Court is out of touch and not interested in reforming itself. The only way to reach that result comes through the legislative branch. The new Congress should mandate camera access to the High Court, a move that was attempted last time Bipartisan legislation in 2021. measurement failed to do Advance to Congress.
in him Annual report On the state of the federal judiciary, Roberts failed to address controversies swirling around the court, including last year. A draft copy of Dobbs’ decision was leaked Before its official announcement; A New York Times report has alleged 2014 Hobby Lobby opinion leak; and efforts by Ginny Thomas, wife of Supreme Court Justice Clarence Thomas, to get Republican officials Challenge the results The 2020 presidential election — which Thomas said after the fact He is sorry.
As the high court grapples with a deep legitimacy crisis, bringing transparency to its decision-making process would be good for the public and for the courts. Opening its discussion doors to greater public scrutiny can only help this beleaguered institution.
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