Lyle [Denniston]: Justices Scalia and Ginsburg routinely release to the press and public the oral statements they make from the bench, whether in the majority or in dissent.Lyle Denniston, veteran USSC reporter, is getting some notice himself. But, this comment was of interest, since it is the first I ever heard of such a thing. The press (and the public?) immediately obtain transcripts of statements from the bench, statements not found on the USSC website and at best eventually winding up at Oyez.com months later? So LD said during the live blog at SCOTUSBlog yesterday. Such facts, like President Obama alluding to drone strikes during a Q&A before an official announcement, do at times come when you don't expect them.
I eventually asked the head of SCOTUSBlog about the matter. Seems, and this is far from surprising given past concerns about recording devices at speeches and such, Scalia releases them with a promise that they won't be published. This is silly on some level -- the remarks are public and if the press wished, unless there is some other rule I'm not familiar with against it, just take notes (if necessary, via shorthand) of the remarks as they are made. This might lead to errors, so the policy can be counterproductive on that level, but so be it. Still, that clarified it some, though one wonders if even them getting the printed remarks is secret too.
But, what about Ginsburg? She is not known to be as secretive, posting transcripts of her speeches at times on the Supreme Court website. Upon asking for clarification, I was told that he didn't know if they ever asked. This was the third email -- I asked the question, got a reply about Scalia, asked about Ginsburg and then had to remind that even if she didn't give a statement that day, the comment referenced the past. So, I didn't belabor the point, but that's a bit strange. Isn't such an oral statement of some value, such as her dissent from the bench in the Ledbetter case? It shows a bit of lack of initiative to not press the point.
And, I would find it curious if Ginsburg cared, since again, we are not talking about anything private here, but a public statement. And, unlike her pal Scalia, she isn't a bit of an ass about it.