Press Coverage The Supreme Court is a paradox for journalists, at once one of the most open and one of the least accessible of the major institutions of government. Its openness derives from the public availability of nearly all documents filed with the Court; from public
oral argument sessions; and the fact that it decides cases by written opinions in which the justices explain their reasoning (see
Opinions, Assignment and Writing of).
At the same time, the actual process of deciding cases is not open to public view. Only the final product emerges from behind the closed doors of the conference room and the justices' chambers (see
Conference, The). Justices are typically not available for interviews and, for the most part, shun personal publicity.
These polarities define life for journalists who cover the Court. Petitions,
briefs, and opinions—the public record—form the basis of nearly all news coverage. The news “leaks” and “scoops” so common to the executive and legislative branches are rare, as are personal glimpses of life at the Court behind the scenes.
The other distinguishing feature of news coverage of the Court is the exclusion of radio and television from the courtroom. The public does not hear the justices' voices. In the two appeals growing out of the disputed 2000 presidential election, the Court made an audiotape available to radio and television outlets immediately following the argument. Viewers see the courtroom through the eyes of the three courtroom artists, employed by the networks and accredited to the Court, who are masters of the quick impression in pastel or pen. Television correspondents themselves give their reports while standing on the plaza in front of the Court.
In August 2003, twenty‐nine reporters and artists had permanent press credentials to cover the Court. By contrast, there were some two thousand reporters for daily newspapers alone accredited to the congressional press galleries. Unlike Congress, the Court limits its press credentials to those who cover the institution on a regular basis. Unaccredited reporters who need to hear a particular argument receive press passes on a day‐by‐day basis.
In the courtroom itself, two wooden benches, perpendicular to the justices' bench, accommodate nineteen reporters and are usually adequate for the demand. When press demand is great, the
Public Information Office can add several dozen more seats in an adjoining hallway, where occupants can hear the argument over a loudspeaker but can catch only a glimpse of the courtroom activity. Reporters can take notes in the courtroom but may not use tape recorders. The record of 121 press seats was set 1 December 2000, when the Court heard argument in one of the post‐election cases
Bush v. Palm Beach County Canvassing Board. Reporters receive copies of the justices' weekly conference list noting the petitions for
certiorari under current consideration. This list enables reporters to prepare for the Monday order lists, on which the Court announces grants and denials of certiorari. The conference lists distributed in the press room are marked “For Press Convenience Only—Not for Publication,” and journalists are instructed not to report that the justices are considering a particular petition at a particular conference.
All petitions and briefs for the current term are kept on file for use by reporters in a room near the press room. Journalists with permanent press passes may also use the Supreme Court
Library.
The Public Information Office distributes all opinions and orders of the Court as they are announced from the bench. Some reporters choose to go to the courtroom to hear the justices announce their opinions, while others wait in the press room, where the announcements can be heard over a speaker, in order to receive the printed opinions as quickly as possible. On a typical day, the Public Information Office distributes to journalists about one hundred copies of each opinion.
In contrast to the press operations for other government institutions, the Court's Public Information Office makes no effort to interpret the actions of the institution to which it is attached, or to explain anything beyond the purely procedural aspects of the Court's work. Reporters who ask for help in understanding an opinion are referred to the headnotes and the body of the opinion itself.
See also
Press Room.
Linda Greenhouse
