WASHINGTON, Nov 15 (Reuters) - A U.S. cable TV network and
a senior Republican senator asked the Supreme Court on Tuesday
to allow its first live broadcast when it hears arguments in
the legal dispute over President Barack Obama's sweeping
healthcare overhaul law.
In a letter to Chief Justice John Roberts, C-SPAN, the
cable network that broadcasts federal government proceedings,
said live television coverage of the historic arguments in
March would best serve the public interest.
In a separate letter, Senator Charles Grassley, the top
Republican on the Senate Judiciary committee asked Roberts to
provide live audio and video coverage of the proceedings.
"The constitutional questions are landmark. The public has
a right to hear and see the legal arguments," Grassley wrote.
"A minimal number of cameras in the courtroom, which could
be placed to be barely noticeable to all participants, would
provide live coverage of what may be one of the most historic
and important arguments of our time," Grassley added.
The requests were made a day after the court announced it
would hear arguments and then likely rule by July on the law, a
dispute affecting millions of Americans with important legal,
political and financial implications.
Most Supreme Court justices in the past have strongly
opposed opening arguments up to televised coverage. In
September last year, the court decided to make audio recordings
of all oral arguments available at the end of each week.
A court spokeswoman had no comment on the requests.
The arguments are due to last 5-1/2 hours, far more than
the usual 60 minutes. Lawyers in the case said they expected
the arguments to be spread over two days at the end of March.
Brian Lamb, C-SPAN's chairman and chief executive officer,
asked in the network's letter that Roberts and the eight
justices set aside any misgivings about television in the
courtroom and allow cameras for this particular argument.
Lamb said C-SPAN would distribute the broadcast live to all
media interested in carrying it.
"It is a case which will affect every American's life, our
economy and will certainly be an issue in the upcoming
presidential campaign," Lamb wrote. "The court's decision to
schedule at least 5-1/2 hours of argument indicated the
significance of this case."
The court will hear an appeal by the Obama administration
defending the law and urging it be upheld and appeals by 26
states and an independent business group challenging the law as
unconstitutional and arguing that it be struck down.
The issue at the heart of the dispute is whether the U.S.
Congress overstepped its powers by requiring all Americans to
buy health insurance by 2014 or pay a penalty, a provision
known as the individual mandate.
The justices also will consider whether the rest of the law
can survive if the mandate is struck down; whether Congress
improperly coerced the states to expand the Medicaid program
that provides healthcare to the poor; and whether challenges to
the mandate must wait until after it takes effect in
2014.
The Supreme Court cases are National Federation of
Independent Business v. Sebelius, No. 11-393; U.S. Department
of Health and Human Services v. Florida, No. 11-398; and
Florida v. Department of Health and Human Services, No.
11-400.
For the National Federation of Independent Busines: Michael
Carvin of Jones Day.
For Sebelius and the Department of Health and Human
Services: Donald Verrilli Jr., Solicitor General of the United
States.
For Florida: Paul Clement of Bancroft.
(Reporting by James Vicini)
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