Motions to Televise Oral Argument in Klayman v. Obama

By Jane Chong
Tuesday, September 16, 2014, 8:38 AM

Last week appellees in Klayman v. Obama filed a motion for the court's leave to televise the oral argument, scheduled for November 4, 2014. The D.C. Circuit denied that motion yesterday, prompting appellees to immediately file a substantially similar motion for rehearing en banc.

The seven-page motion for an en banc rehearing regarding the decision begins and ends the same way: by noting that C-SPAN will likely reach out to the court about televising the oral argument, and arguing that the issues at the heart of the case are "the pinnacle of public national interest." Appellees also point out that the Second Circuit granted leave to televise the September 2, 2014 oral argument in ACLU v. Clapper, the related surveillance case, and that as of the 2013-14 term, D.C. Circuit has made it a policy to provide audio recordings of oral arguments free of charge to the public.
The government has not yet responded to petitioners' request for consent to televise.