#SCOTUS-#JusticeBreyer was asked about live argument audio today. Response:

“And the radio, I mean, the radio, golly, they tried that in the D.C. Circuit, didn’t hurt anything. Could we experiment with that? Maybe, but that’s not right in front of us.”

Note: The D.C. Circuit recently started offering same-day audio, not live. (The Ninth Circuit recently started streaming audio live for all arguments and video for en banc arguments.)

I didn't sense any real movement in Justice Breyer's statement, both because of its tone and because it followed a list of concerns the justices have with opening arguments to technology. But it was interesting that Justice Breyer was aware of the D.C. Circuit change and had noticed it "didn't hurt anything."

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