Topic: Support for Televising Court's Public Proceedings.
Senator: Feingold
Date: SEPTEMBER 13, 2005
Contents
SPECTER: The hearing will resume.
Just a little late in coming back because we were on the floor trying to figure out what the Senate schedule is going to be, when we would vote next. And while that's uncertain, I believe it is reasonable to conclude that we will not vote until 7:30. That gives us latitude to move ahead with five more rounds, where we will finish at about 7:30, a little later because we're not starting quite at 5, 7:45.
So we will proceed with Senator Feingold now, and then Senator Graham from 5:30 to 6, Senator Schumer from 6 to 6:30, Senator Cornyn from 6:30 to 7, and Senator Durbin from 7 to 7:30. That's back by 15 minutes, because we're 15 slow coming out of the gate.
LEAHY: You notice the sheer, undisguised glee on the face of Judge Roberts at the idea of going another three hours of this.
SPECTER: Well, I consulted with Senator Leahy, Judge Roberts, and the empirical evidence is overwhelming, without consultation, that you're fit to go indefinitely.
ROBERTS: I'm ready to go.
SPECTER: Is that judgment satisfactory to you, Judge Roberts?
ROBERTS: Absolutely.
SPECTER: Senator Feingold?
FEINGOLD: Thank you, Mr. Chairman.
Judge Roberts, the eyes of America are on you this week thanks to what our generation called the miracle of live television. Television plays an enormous role in providing information and bringing the country together in times of national pride, like the liftoffs and the landings of spacecrafts and presidential inaugurations, political conflict, like the 2000 election, and the 1999 impeachment trial President Clinton, the great tragedy of September 11th and the devastation wrought by Hurricane Katrina.
Americans can watch virtually every significant event of national importance on television, except for oral arguments and announcement of decisions at the Supreme Court.
FEINGOLD: If you are confirmed, you will essentially disappear from public view. This hearing will, in some ways, be the last time that the nation will see you at work.
The possibility of televising trials raises some complicated issues, because we have to consider the safety and rights of criminal defendants and witnesses and jurors, but such concerns are not so present in the case of appellate proceedings.
There is no doubt that there is enormous public interest in Supreme Court oral arguments, but not very many seats in the courthouse.
I think it would benefit the country and the court if all Americans had the chance to see the court conduct its work. So I'd like to know if you as chief justice will support televising the court's public proceedings.
ROBERTS: Senator, it's not something that I have a settled view on. And I do think it's something that I would benefit from the views of my colleagues. And I know that some of them have particular views and some may not.
And I noticed the last time there was a formal response by the court to a request to televise a particular argument, the chief justice referred the matter to the whole court and then reported back on it.
I'm also aware that there are -- I'm not sure if the right word is experimental or trial efforts going on in some of the courts of appeals, the federal courts of appeals, to televise arguments there. And I know I've watched them. So I appreciate that opportunity.
And I don't know yet if there's been an evaluation of how that experiment proceeded, whether the judges thought it went fine, the lawyers or whatever. I just don't know.
At the Supreme Court level, I do know they've experimented recently in a few cases with releasing the audio tapes immediately after the conclusion of the argument. Again, I've listened to those on occasion. Not every case, but selected cases of particular interest.
I know that on our court, my court, I'm sorry, on the Court of Appeals for the D.C. Circuit, we broadcast, at least within the courthouse, simultaneously, the oral arguments.
ROBERTS: So I know the technology is there to do that. And I certainly understand the interest and I understand how -- I know it was very well-received to have the audio tapes immediately available in some of those cases.
FEINGOLD: I hope you'll seriously consider this...
ROBERTS: Certainly.
FEINGOLD: It's a change from our good conversation we had about this before. Now you will be the principle decision-maker on this as the chief justice. And I hope you'll give it serious consideration.
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