In light of the recent confirmation hearings on Judge Sonia Sotomayor’s nomination to be the next associate justice of the U.S. Supreme Court, the Court has a chance to correct two critical shortcomings that are undermining its productivity and shrouding its deliberations in secrecy at the expense of public understanding and appreciation.
I refer to the more than centurylong decline in the number of cases the Court decides and the ban on television coverage. At a time when the number of cases making their way to the Court has never been higher, the Court’s refusal to grant certiorari has reached epic proportions. In 1886, the Court decided 451 cases. A century later, it issued 161 signed opinions. In 2007, the number had fallen to 67.
