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Monday, February 12, 2007

Televising Supreme Court Arguments
Mike Rappaport

Orin Kerr argues that Congress can force the Supreme Court to televise its oral arguments.  I agree.  The law would be necessary and proper to carrying into executive the judicial power.  In addition to the arguments that Orin makes, I would think the law would be similar to the laws requiring that certain executive advisory committees (FACA) and certain executive documents (FOIA) be open to the public. 

While I am not certain that televised proceedings would be a good idea, I think that there is a strong presumption in favor of such open proceedings (that is not overcome) and therefore support televising them.

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Mike Rappaport


If it's necessary, how can it not be a good idea? And if we've done without it for two centuries, how is it necessary?

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