DRJ, who is summarizing the Border Patrol trial transcripts for us, had initially skipped over the opening statements in a zeal to get to the evidence. Here is DRJ’s summary of the opening statements:
USA Today reports:
Supreme Court Justice Anthony Kennedy pleaded with senators Wednesday not to try to force the high court to televise its oral arguments, saying it could undermine substantive legal discussion and lead the justices to speak in “sound bites.”
Kennedy should know. He is the master of putting sound bites into his opinions. In my opinion, of the Justices, he is by far the most sensitive to public opinion, and his opinions reflect it.
Jan Crawford Greenburg says:
Then the hearing turned to cameras in the courtroom, which we all expected. Kennedy is against them, as we all knew. Really against. He even banged on the table. (Might he have been playing to the CSPAN cameras recording the hearing?)
But Justice Kennedys passionate plea did get Specter to admit that his legislation would really just be the opinion of Congress. The Court would have the last word.
And we all know what that last word will be. NO.
I think that’s the case. Orin Kerr has said that he thinks Congress could force the Court to include cameras. I suppose it makes for a nice theory. But as I have observed before in a different context,
the thing about power struggles between Congress and the Supreme Court is, the Supreme Court gets to decide them.
And that should end the question.
UPDATE: Thanks to aunursa for catching a typo.
DRJ Pores Through the Border Patrol Trial Transcripts — Volume VI (Rene Sanchez and Chris Sanchez Testimony)
DRJ has done more work summarizing the Border Patrol shooting trial. I have included DRJ’s summary in the extended entry. Due to time constraints, I have not included any commentary. This is all DRJ: