Supreme Court's Risen Denial Probably a Good Thing

I wanted to write something on this topic, but because I injured my hand playing volleyball, I can't type much.

So I'm glad Matthew Cooper -- who has his own experience with reporters privilege -- has written an article explaining that the result would have likely been bad for the press had the U.S. Supreme Court decided to review the James Risen case. The court declined to review the case on Monday.

As Cooper explains, if it had taken the case the Court likely would have definitively ruled that there is no federal reporters privilege under federal law, either under the Constitution or common law. This would have eliminated the privilege in the federal courts that now recognize it.

Meanwhile, there is renewed pressure -- and hope -- for Congress to pass a federal shield law, perhaps as a budget amendment.