Lights, Cameras, Action....
By AndrewHyman Posted in SCOTUS — Comments (2) / Email this page » / Leave a comment »
On Wednesday, Justice Anthony Kennedy is scheduled to testify before the Judiciary Committee about judicial security and independence. Doubtless, there will be some discussion of Sen. Specter's proposal to require video coverage of SCOTUS oral arguments.
It's a dumb idea, but Congress undoubtedly has power to do this. Congress could also put video cameras in the Court's conferences, and in the individual justices' chambers too.
Justice Kennedy probably didn't help matters last April, when he virtually dared Congress to enact this legislation. Kennedy was testifying before the House Appropriations Subcommittee. Congressman John Olver asked him why he would "countenance such a bill." Kennedy replied, "I wouldn't." Listen to the audio of that exchange, here.
A more fundamental problem is that the Court cannot expect to be immune from the prying eyes of the public if the Court insists on legislating. And Justice Kennedy has had a role there too:
In the federal confirmation process, a standard question from the judiciary committee is, "Well, if you're confirmed will you legislate?" And, with a look of horror, the nominee says, "Oh, I won't legislate." Well, what about the law of contract and tort; where do they think it came from, the stork?
That's from his Roth Lecture, USC Law School (November 20, 1998). Kennedy should know better. Contract and tort law have always been modifiable by legislatures. In contrast, when judges impose their will in the name of the federal Constitution, there is no legislature on Earth that can modify the Court's handiwork.
Will Kennedy arrive at the
by Whacker77
Will Kennedy arrive at the hearing riding in a throne? If you watch the HBO series "Rome", he reminds me of both Julius and Augustus Ceaser.
the normal Court liaison to Congress? I know Kennedy does it sometimes (or in addition) as well, but I'd think David "Over My Dead Body" Souter would be more interested in this. then again, perhaps that's why he's not doing it.