The wrong arm of the law

24.04.2009

Of course, any judge who uses phrases like "On close perscrutation, that contention comes to naught," is probably still wearing powdered wigs and taking laudanum for head colds. (FYI, "perscrutation" means "a thorough searching; a minute inquiry or scrutiny," and yes, .)

Another appeals court judge agreed with Selya's interpretation of the court rules, but said the court rules are stuck in the dark ages:

...in my view, there are no sound policy reasons to prohibit the webcasting authorized by the district court. Therefore, this case calls into question the continued relevance and vitality of a rule that requires such a disagreeable outcome.... Ironically, however, almost immediately after the oral argument in this First Circuit mandamus proceeding ended, anyone with an internet connection could access a recording of that argument from our website.

In other words, it's against the rules to show you what's happening in the courtroom as it happens, but perfectly OK to show you a recording of it a few minutes later.

Judge Kermit Lipez adds this coda: