In the letter from Circuit Judge Kozinski to the Judicial Conference (about which Ed Whelan has posted) offering justifications for the novel policy of allowing the Proposition 8 trial to be televised, one interesting passage reads a little like a threat to the federal courts: “Like it or not, we are now well into the twenty-first century, and it is up to those of us who lead the federal judiciary to adopt policies that are consistent with the spirit of the times and the advantages afforded us by new technology. If we do not, Congress will do it for us.”