Chief Justice Earl Warren speaks at the Washington National Archives during a ceremony marking the 175th anniversary of congressional passage of legislation establishing the federal judicial system in the U.S., on Sept. 22, 1964. NEW YORK —
“I could give you the libretto to ‘Madame Butterfly,’" he said. “But would you rather read it, or would you rather sit and listen to the performance?” It wasn't until 2020 that the court regularly made livestreams of the arguments available. Cameras have never been allowed. The first step was to find recordings of the long-dead principals in the case, preferably made around 1954 to approximate what they sounded like then. That wasn't difficult in the cases of Warren, a former governor of California, and Marshall. It was harder for integration opponent John W. Davis, whose lengthy career included the 1924 Democratic presidential nomination. He died in 1955.
Actual arguments were sprawling — 18 hours over three days, with 38 participants. Goldman whittled things down to a one hour, 45 minute presentation, including Warren's reading of the decision. Goldman consulted written notes left behind by Warren, enabling the recreation to include the chief justice's emphasis that the decision had been unanimous.
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