Senators to Supremes: Keep streaming audio of oral arguments

Sen. Charles Grassley, R-Iowa

Two senators, one Republican and one Democrat, have asked Supreme Court Chief Justice John Roberts Jr. to continue making audio of court oral arguments available to the public after the coronavirus pandemic recedes.

Sens. Chuck Grassley, R-Iowa, and Patrick Leahy, D-Vt., wrote a letter arguing "Americans clearly approve of this level of transparency."

"According to recently released polls, 83% of Americans supported such access, and nearly 70% called for all courts to allow cameras in the courtroom. Given this widespread support for access to our nation's highest court – and the countless contributions it makes towards the civics education of the American public – there is no reason why pro-transparency measures should end when the court returns to its normal functions," they wrote.

SCOTUSblog noted that during the lockdown, lawyers have made arguments via telephone, and the court has provided an audio stream to a media pool.

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At estimated 2 million people have listened to the arguments.

"Members of Congress have been vocal on this issue in the past," the blog said. "In July of 2018, Grassley and Leahy wrote a similar letter to the chief justice requesting same-day release of audio from the court’s oral arguments. (Before the pandemic, the court maintained a practice of releasing audio from all arguments during a given week on Fridays.) Grassley and Senator Dick Durbin, D-Ill., last year reintroduced a bill that would have brought TV cameras into the Supreme Court, unless the justices voted that a televised broadcast in a particular argument would violate the rights of a party to the case."

The senators argued the court already has demonstrated there are no technical obstacles to "provide prompt disclosure and transparency to the public."

The behavior before the court also remained "dignified and professional," the letter said.

Three U.S. House members already have proposed a bill that would have the court continue live-streaming.

"We urge you, Mr. Chief Justice, to consider our request and bear in mind all those who would benefit most – including our democracy itself – from these simple yet meaningful measures of transparency," the senator's wrote.