Live from the Supreme Court

Every American should have the opportunity to see how the court operates

An excerpted editorial from the Chicago Tribune

The U.S. Supreme Court has been making history lately, and not by the usual method of issuing decisions in important constitutional cases. The coronavirus pandemic has prompted the justices to break with tradition in some big ways.

The first was to hear oral arguments remotely, so that they and the contending lawyers don’t have to travel to the courtroom in Washington, D.C. Like many other people who once worked in offices, the justices have been doing their jobs from home.

The new format did make a difference: Instead of jumping in helter-skelter to interrupt the attorneys and one another, the justices politely took turns asking questions. The more orderly proceedings induced Clarence Thomas, who sometimes goes years without speaking at these sessions, to ask several questions.

The justices also approved another change: allowing the live broadcast of oral arguments. In recent years, the court has made audio recordings available afterward. This, however, was the first time that Americans could hear cases argued live. Since then, they have gotten to hear several more. For anyone with an interest in the Supreme Court, which includes some journalists, it’s an exciting change.

It should allay any fears the justices had about live broadcasts. Maybe it will encourage the court to give Americans an even better picture of its work by admitting video cameras, as soon as the court goes back to hearing cases in person. If hearing is good, seeing and hearing is better.

The justices have long rejected this option. During his time on the court, David Souter said, “The day you see a camera come into our courtroom, it’s going to roll over my dead body.” Elena Kagan worries that “we might filter ourselves in ways that might be unfortunate.”

The same objections could be raised about audio, which has become routine. We think the court as well as the public would benefit from the greater understanding that would come from letting ordinary people watch arguments as they happen.

Maybe the experience with live audio will make the justices realize there is nothing to fear from video. The work they do is a vital part of our system of government, and every American should have the opportunity to see how they do it.