As far as I understand from a scheduled tour I took during the AALL annual
meeting, access to the U.S. Supreme Court library is strictly restricted to
the the Court, staff of the Court and attorneys admitted to the U.S.
Supreme Court Bar, although I suspect some exceptions are made. However,
it is also true that the Library of Congress Law Library, not the smaller
Supreme Court library, is closer to being the national law library.
I'd like to think that high court justices rise above personal comfort and
ease of mind, but it gives one pause to think that a constitutional
challenge to such a policy would be decided by two sets of state and
federal judges who would be surely cognizant that the result may be to open
their libraries up to unidentified members of the general public. In many
states, because of state constitutional balance of powers issues, any
lawsuit would, by necessity, name the court or a body it administers as
defendant. In many states the legislature or executive is powerless to
apply general public access laws to the judicial branch.
I guess this raises one point for an elective rather than appointive court.
Kurt Metzmeier,
University of Kentucky Law Library
At 03:42 PM 11/1/99 -0600, you wrote:
>Our public/state law library is in the Supreme Court building--opening off
>of the main lobby right inside the building's front doors. The court has
>placed security guards on duty, and everyone entering the building has
>been required for the past few years to run their possessions through
>an airport-style x-ray machine and to walk through a metal detector. The
>court has just today instituted a new policy that requires everyone
>entering to show identification, sign in, wear a "visitor" tag while in the
>building and then sign out before departing. I just inquired of one of the
>guards what happens if someone wishes to use the library but does not
>happen to have identification with him or her. I was told that the person
>may not enter. Maybe I'm crazy, but I'm outraged! I have made the
>statement that I have never had to present identification to be admitted to
>any type of library. I would very much appreciate knowing whether any
>other public libraries have security restrictions that have the effect of
>limiting access. I would also like to know if any colleagues have access
>policies or know of instances where the right of access to public
>libraries or other public buildings has been tested legally. I'll very much
>appreciate hearing from you. Carol Billings, Law Library of Louisiana
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kurt X. Metzmeier
Coordinator of IS, UK College of Law
PH 606.257.1359 FAX 606.323.4906
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