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Second Circuit to Allow Live Video in Friday DACA Argument

The Second Circuit has granted C-SPAN’s request to “bring two cameras and supporting equipment […] for the limited purpose of recording [and streaming] oral argument” in tomorrow’s DACA case, 18-485, Vidal et al. v. Trump.

While a different DACA petition on the same topic – i.e., whether the Trump administration can rescind the Obama-era program that shields from deportation certain immigrants brought to the U.S. as minors – idles in conference at the Supreme Court, the circuit case arises from an E.D.N.Y. injunction allowing DACA to remain in place for the time being.

Tomorrow’s argument will be split, on one side, between attorneys from the DACA recipients and the state of New York, who each get 15 minutes, and on the other side possibly furloughed attorneys for the Trump administration will have 30 minutes.

This is the first time the circuit will allow cameras since a 2015 hearing (seen at right) on the Obama administration’s contraceptive mandate.

The Second Circuit is only one of four federal appeals courts to allow video coverage. The Ninth Circuit has allowed video since 1996, the Third Circuit began recording some of its oral arguments in 2017, and the Seventh Circuit started recording some of its hearing last year.

Currently, only the Ninth Circuit and D.C. Circuit livestream oral argument audio.

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