The recent controversy over Justice’s Scalia’s comments during the oral argument on affirmative action explain why the Justices will never agree to open arguments for television. (I’m not saying that’s a good thing–I’m saying this is just true.)
Justice Scalia was only summarizing what the amicus brief said about mismatch theory. Now did he do this in the most artful or sensitive way? Definitely not. But it’s not as if he was writing an opinion–he was asking a question. The subsequent criticism of him is, in my view, unfair.
Of course, the Justices are no different from politicians in thinking that the media sometimes distorts their views. The difference is that they are in a position to block television in their Court, and they will continue to do so.