All 13 U.S. Courts of Appeal now feature live streaming

Many courts moved to some form of live streaming–either audio or video–since the start of the coronavirus pandemic. State courts have led the way, although federal courts have also made changes to improve public access and transparency. (Even the Supreme Court offered telephonic access to a few arguments.) Now, Bloomberg Law reports, all thirteen federal appellate courts offer live streaming.

The courts are still coy about whether they will maintain live streaming once the pandemic subsides. Some courts will certainly hold onto it — the Second and Ninth Circuits, for example, have already been live streaming for years. But hopefully other courts will also see the benefit — and associated lack of harm — with letting the public look in on the administration of justice.

U.S. Supreme Court closes in response to coronavirus threat

SCOTUSBlog reports:

Shortly after the White House and Congress announced that they would close to the public due to increasing concern over the coronavirus, the Supreme Court this afternoon followed suit. In a brief notice posted on the court’s website, the court announced that it would close to the public as of 4:30 p.m. today and would remain closed “until further notice.” However, the court indicated that its building would “remain open for official business” and that filing deadlines would not be extended.

The closure comes during what would normally be a relatively quiet period at the court: The justices wrapped up their February argument session last week and are not scheduled to hear oral arguments again until March 23. There has been no word from the court on whether the March argument session will take place as scheduled and, if so, whether members of the public will be admitted to watch the argument. Yesterday the public health department in Washington, D.C., recommended that “non-essential” gatherings of more than a thousand people be canceled as one way to fight the spread of the virus. The courtroom seats approximately 400 people.

The notice announcing the closure indicated that the Supreme Court’s building was being closed to the public because of “concern for the health and safety of the public and Supreme Court employees.” Two of the justices are in their eighties: Justice Stephen Breyer is 81, while Justice Ruth Bader Ginsburg will be 87 next week. Justice Clarence Thomas is 71, while three more justices are in their sixties: Justice Samuel Alito is 69, and Chief Justice John Roberts and Justice Sonia Sotomayor are both 65.

Gabe Roth, the transparency advocate from Fix the Court, sees this as another argument for livestreaming. He sent out the following press release this afternoon:

Given the crowds that often gather in and around the Supreme Court, not to mention the advanced age of several of the justices, it’s the right call to close the building to the public until further notice.
That said, if this state of affairs continues through March 23 – the next time the justices hear arguments – the Court should at a minimum permit the public to listen to a livestream of argument audio from its website.
We believe the Court already has this capacity, as it streamed a Justice Scalia memorial service in Nov. 2016, and any technological gaps could be filled in by the nearby D.C. Circuit, which since Sept. 2018 has offered live online audio for all of its hearings.
Live audio is the smartest way to balance the now-competing concerns of public safety and public access.

Ontario Court of Appeals allows livestreaming of carbon tax dispute

Ontario’s highest court is allowing livestreaming this week of an important case between the provincial government and Canada’s federal government over the latter’s imposition of a carbon tax. CBC cameras are being allowed to capture the arguments and share the broadcast with other media. These are the first televised arguments at the Ontario Court of Appeals since 2007. The first day of oral arguments can be found here.

Earlier this year, the Saskatchewan Court of Appeal also allowed livestreaming in a case involving a provincial challenge to the carbon tax, underscoring the special nature of this litigation. The real lesson: don’t get too comfortable with cameras in Canadian provincial courtrooms; the practice is still remarkably rare.

Saskatchewan debates more extensive use of courtroom cameras

The Saskatchewan Court of Appeal is allowing live streaming of an oral argument for the fourth time this week, in a case involving a challenge to Canada’s federal carbon tax. The event has reignited discussion about moving cameras into the trial courts. While this story’s headline suggests that the discussion is more developed than it actually is, it is nice to see increased recognition that courtroom cameras typically carry more benefits than risks.

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.

Fourth Circuit mulls live streaming next month’s arguments on travel ban

The Fourth Circuit’s openness to live streaming comes in the wake of significant public interest in the Ninth Circuit’s live stream of similar arguments in February.  More the 137,000 people logged on to hear those arguments.

From the National Law Journal story:

Rob Rosborough, a partner at Whiteman Osterman & Hanna in Albany, New York, added that he was “impressed by how accessible it made the proceedings seem in a highly technical case like that one.”

“You could hear phenomenal attorneys on both sides advocate for their clients on issues that had an impact on millions of people nationwide,” Rosborough said. “I do think that the Fourth Circuit, and all courts, should livestream arguments in all cases, especially in cases like the travel ban that have drawn such public interest.”

The Fourth Circuit has not live streamed arguments to date, although it does post audio files of arguments on its website the day after they are held.