Friday, October 18, 2019

Opinion: The Supreme Court shrouds itself in secrecy. That needs to end.

That's the title of today's LA Times op-ed by Erwin Chemerinsky:

  • when the Supreme Court agrees to take a case or denies review, there generally is no indication of which justices voted to take the case and which voted against hearing it. Occasionally, a justice might write a dissent from the denial of review, but other than that there never is a public revelation of how the justices voted. The court has virtually complete discretion about whether to hear a case. I do not understand why the justices keep secret their votes on which ones to take.
  • Another area where there is unjustified secrecy is not announcing a day or two in advance which decisions will be handed down. Many state courts do this and it has posed no problem. But in the Supreme Court, except for the last day of the term when it is obvious which cases are left, no one knows which decisions will be anounced. Again, I cannot understand what is gained by this secrecy.
  • The most urgent need for openness in the court is having all of its proceedings broadcast. The court hears cases that affect all of us, often in crucial aspects of our lives. But few can attend oral arguments or the announcement of decisions. Broadcasting court proceedings would permit the entire nation to see a crucial branch of government at work.