[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15276-H15277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EYE ON THE SUPREME COURT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE. Madam Speaker, last week hundreds of citizens stood in the
first snow of winter in Washington, D.C. for 2 hours, hoping to get a
coveted seat in the United States Supreme Court building to see the
oral arguments on the case of the detainees in Guantanamo prisoner of
war camp and what rights, if any, they have under our Constitution;
however, the Supreme Court gallery has a mere 50 seats for spectators.
One of those would-be viewers was a lawyer on my staff, Gina
Santucci. I wanted her there to find out more about the case and take
notes. But she, like most of the people in line, never got in to see
the arguments. There was no room in the room. Those that were allowed
into the proceedings were only permitted to stay 5 minutes before they
had to leave and make room for other people in the room.
Public interest in what takes place in the Supreme Court is a good
thing. It is important that Americans are concerned about what occurs
in the Supreme Court, and citizens want to observe the most powerful
court in action anywhere in the world. But most Americans will never
have this opportunity to see the questions asked by the Justices of the
Supreme Court or to hear the arguments over the meaning of our
Constitution or hear constitutional cases that will go down in history.
Earlier this year, I introduced H.R. 1299 to allow television cameras
to televise Supreme Court proceedings. Since then, both the House and
the Senate Judiciary Committees have heard arguments as to why cameras
should be allowed inside the Supreme Court.
Last week, the Senate Judiciary Committee marked up Senator Specter's
bill to allow cameras in the Supreme Court. Some Senators were
concerned that the Department of Justice opposed this bill. Justice
Department opposed this bill because they say they want to protect the
``collegial environment'' of the Court. I don't mean to intrude on what
a ``collegial environment'' is, but what is it?
I thought the business before the Supreme Court is a matter the
American people have an interest in, not just the college of lawyers
that appear before the court.
We have cameras in these House Chambers, and I never thought about
whether the camera here on the House floor affects the collegiality
between the fellow representatives that we work with. Most of us hardly
notice the camera at all. And today's cameras are so small and
unobtrusive, they are not noticed. They don't affect our daily routine
here in the House, but they allow Americans across the vastness of the
fruited plain to tune in to see what their government is up to every
day.
Now, I doubt if the Supreme Court TV channel will win the fall
sweeps, but it will allow Americans who live in the 50 States to
observe the oral arguments that take place. Some say they are against
cameras in the courtroom because attorneys play to the camera and try
to impress the viewing audience.
Madam Speaker, attorneys don't play to the camera, they play to the
jury. I know because I played to the jury for 8 years as a prosecutor
in Texas. However, there isn't even a jury to impress in the Supreme
Court. In fact, there really isn't a time to grandstand in the Supreme
Court. Oral arguments in the Supreme Court involve the best appellate
attorneys in the country, facing a spew of questions from nine Justices
who are asking a barrage of legal questions to these lawyers making
them justify their legal positions on their case.
I only explain how the oral arguments work in the Supreme Court
because most Americans are unaware of the proceedings and the
procedures since they don't have the opportunity to view Supreme Court
oral arguments personally. Unless there are cameras, Americans will
never have the chance to see what takes place in a courtroom, the most
powerful courtroom in the whole world, the Supreme Court courtroom.
I know cameras can be placed in a courtroom without disruption or
distraction because I did it. For 22 years,
[[Page H15277]]
I served as a felony court judge in Houston, Texas. I heard over 25,000
criminal cases and a thousand jury trials. Some of those were filmed by
the TV media. I even televised a capital murder trial. My rules were
simple and always obeyed by the media: No filming of rape victims,
children, the jury, or certain other witnesses. The camera filmed what
the jury saw and heard. And, Madam Speaker, I had no problem with the
media at all. We need to let the public see a real trial in progress,
and cameras have made that possible.
Americans have the right to watch Supreme Court proceedings in
person. We have the best judicial system ever created in the history of
the world. Why not prove it by filming these proceedings? Americans
should not be deprived of the right to observe just because they cannot
physically sit in the Supreme Court courtroom. It is time to remove the
veil of secrecy from the hallowed halls of the Supreme Court and allow
cameras to film these important proceedings.
Justice would be better served if we open the doors to the Supreme
Court to cameras because justice is the one thing we should always
find.
And that's just the way it is.
____________________