Supreme Court Withdraws from Public Scrutiny

Adam Liptak: “The release of the decision in the abortion case highlighted another way in which the court has withdrawn from public scrutiny. For unexplained reasons, the justices have stopped announcing their decisions from the bench, abandoning a tradition that is both ceremonial and illuminating. In the old days, the author of the majority opinion would give a quick and conversational summary of the ruling that could be extremely valuable for a reporter on deadline and, by extension, for members of the public trying to understand a decision.”

“More important yet were oral dissents, reserved for decisions that the justices in the minority believed were profoundly mistaken. In ordinary times, one or more of the three liberal justices who dissented in the abortion case would have raised their voices in protest. These days, the court makes do with posting PDFs of its decisions, robbing the occasion of ceremony, drama and insight.”