Showdown looming over cameras in the courtroom

The Legal Times reported last week on Justice Anthony Kennedy's strong opposition to a bill pending in the Senate that would mandate television coverage of Supreme Court proceedings.

"Mandating direct televised proceedings would be inconsistent with the deference and etiquette that should apply between the branches," Kennedy said in response to questions from House members at the Court's annual budget hearing Tuesday. "We feel very strongly that this matter should be left to the courts."

According to the story, Justice Kennedy spoke "forcefully against the proposal, often using the pronoun 'we' to suggest that at least by his own measure of the situation, he was speaking for the full Court."

Even though I televised coverage of oral arguments would be very illuminating (and entertaining) for scholars of the Court, I concur with the judgment of Justice Kennedy. In the era of the 24-hour news garbage, I do not trust CNN to portray the Court accurately or with appropriate balance or depth. Supreme Court oral arguments do not lend themselves well to 30-second sound-bytes.

The institutional legitimacy of the Court rests on its impartiality, wisdom and judgment. Subjecting the Court to television coverage would democratize the institution, and that is the very problem. The Court should remain more elite than the other branches, which is why I think states that elect their own judges are mentally retarded.

Alma Mater, Hail!

Last Friday, the College of William and Mary (my alma mater) held an investiture ceremony for its new chancellor - Justice Sandra Day O'Connor. The chancellor is a mostly ceremonial position; the chancellor acts as an ambassador for the College and participates in campus events and fundraising efforts.

William and Mary has had only 24 chancellors in their 313 year history, but it is not the first time the College has asked a retired Supreme Court justice to hold this position. Chief Justice Warren Burger served as chancellor from 1986-1993.

O'Connor's remarks highlighted the role the College has played in democratic formationation of the country. She also issued a call to service:

Now this work of bridge building, of public service, can be both difficult and rewarding. The efforts will call for sacrifice, sometimes emotional, sometimes financial, sometimes personal. Those who engage in public service also open up themselves for a lot of public review, but if we focus our energy on sharing our ideas, on finding solutions, and using what’s right with America to remedy what’s wrong with it, we can and we will make a difference.

The William and Mary administration, which also used the ceremony to formally inaugurate President Eugene Nichol, has hit a home run with its selection for chancellor. Justice O'Connor's energy and wisdom will make her an instant hero on campus. I hope I get a chance to meet her!