SCOTUS justices allow just 50 people to watch them work, rather than the hundreds of millions of citizens that could see proceedings on livestreams and television.
His former colleague Justice David Souter put it even more strongly when hebefore a House Appropriations Committee in 1996, saying, “the day you see a camera come into our courtroom, it’s going to roll over my dead body.” Souter retired in 2009, so he never had to deal with that grim potential circumstance.
The late Justice Antonin Scalia opposed cameras because he didn’t trust the media to get it right, but likely also because he believed that the common citizen wouldn’t understand the proceedings. A sentiment reflected inSCOTUS today is an institution weakened by the disease of secrecy.
This resistance to the transparency brought by cameras echoes the high court’s refusal to adopt a code of judicial ethics that makes them the only court in the country to have no ethics code. This refusal wasby one legal scholar as “a matter of petulance, not principle, that reflects a stunning lack of concern for its own declining legitimacy.”
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