Supreme Court to resume in-person arguments; live audio here to stay?

The Supreme Court has announced that it will resume in-person arguments starting in October. The number of people in the courtroom will be strictly limited.

The Court will apparently continue to provide live audio of the oral arguments, a welcome bit of transparency. In addition to giving the public immediate access to hearings, the audio feed has been paired with text and photos of the Justices to allow students to more fully appreciate the flow of oral argument. (Click here, then on the “Oral argument” button on the left, for an example from oyez.org.)

The return to in-person arguments raises one other question: will the Justices continue to ask questions one at a time (in order of seniority), as they did during the pandemic-mandated telephonic hearings? Or will they go back to interrupting each other (and counsel) every chance they get? 

Federal courts announce audio livestream pilot

From today’s press release:

Thirteen district courts around the country will livestream audio of select proceedings in civil cases of public interest next year as part of a two-year pilot program.

Some of the courts already have begun making proceedings available via audio livestreams. The Northern District of Georgia on Dec. 7 streamed audio of a hearing on a presidential election-related lawsuit, which drew over 42,000 listeners. In September, the Eastern District of Missouri streamed audio of a status conference in the case of U.S. v. City of Ferguson. The remaining courts will be livestreaming by February 2021.

The 13 district courts participating in the pilot are in Northern California, Southern Florida, Northern Georgia, Kansas, Montana, Eastern Missouri, Nevada, Northern New York, Western Pennsylvania, Rhode Island, Eastern Tennessee, Eastern Washington, and Washington D.C.

The livestreams will give the public access to real-time courtroom audio on the courts’ designated YouTube channels. Audio streaming of civil proceedings under the pilot requires the parties’ consent and is subject to the presiding judge’s discretion. The pilot excludes trials and civil proceedings involving jurors and witnesses, and also sealed, confidential, and classified materials.

While the pilot temporarily suspends a prohibition on broadcasting federal court proceedings in the designated courts, the livestreams may not be recorded or rebroadcast.

It’s an interesting followup to the now shuttered pilot program that enabled video recording (and subsequent rebroadcasting) of selected district court proceedings. Of course, many state courts implemented video livestreaming months or years ago, without any ill effect.

D.C. Circuit to begin live streaming oral arguments in September

The U.S. Court of Appeals for the D.C. Circuit will begin live audio streaming of its oral arguments when its new term commences in September. Chief Judge Merrick Garland made the announcement. D.C. joins several other circuit courts that have recently embraced streaming technology in the interest of improved transparency.

I wonder if anyone at One First Street is paying attention.

D.C. Circuit allows live broadcast of oral argument for first time in sixteen years

This morning, the United States Court of Appeals for the D.C. Circuit  permitted a live audio feed of an oral argument in Garza v. Hargen, a case involving whether the government should allow an undocumented teenage immigrant to obtain an abortion. It was the first live broadcast in the D.C. Circuit since a 2001 hearing in the Microsoft antitrust suit. Chief Judge Merrick Garland permitted the live stream in response to a request from the transparency group Fix the Court.

Although the argument itself has come and gone, the audio is available on the court’s website.