Timely Transcripts at Last
The Supreme Court becomes a bit less bashful.
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WHEN THE Supreme Court opens its term next month, it will finally begin making transcripts of its oral arguments available -- free, online and on the day of the arguments. That this represents a breakthrough shows how dramatically behind the times the justices are. But it is a breakthrough, nonetheless, that will dramatically improve the public's access to court proceedings.
Until now, the justices not only prohibited cameras and typically waited months to release audiotapes of arguments, they also waited weeks to release free transcripts. The public had to depend on the media to know in a timely fashion what happened. This was unfortunate, both because oral arguments are among the most majestic events in American democracy and because even excellent news stories often can't capture the full texture of arguments over complicated and nuanced points of law. For anyone interested in a particular case or the court as an institution, there is no substitute for knowing exactly what questions each justice asked and how counsel answered.
Timely transcripts are a half-measure. They imperfectly convey the atmospherics of an argument -- the tone a justice might strike, for example -- that sometimes indicate the court's direction more than dry words on paper. But given the implacable hostility some of the justices feel toward cameras, the move is a huge step forward.


