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To: Lurking Libertarian
That's very helpful. The format you describe makes perfect sense. Thanks for taking your time to enlighten me.

Since you seemingly already have insight into the Court's inner workings, perhaps you'd be kind enough to answer this followup question that your explanation inevitably raises: do Justices make it a practice to discuss these cases privately in sub-groups prior to the conferences, as one would expect, or is there some rule forbidding it that is actually observed? I came at that by wondering what effect it would have, if any, on the assemblage of four votes for a case to show up on the lists of multiple judges.

16 posted on 11/03/2014 3:26:19 PM PST by Hebrews 11:6 (Do you REALLY believe that (1) God IS, and (2) God IS GOOD?)
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To: Hebrews 11:6
Since you seemingly already have insight into the Court's inner workings,

I have no inside knowledge, I assure you, but I have read the Court's rules and a lot of what's been published about the Court. You can get a lot of this kind of info just from reading SCOTUSBlog.

perhaps you'd be kind enough to answer this followup question that your explanation inevitably raises: do Justices make it a practice to discuss these cases privately in sub-groups prior to the conferences, as one would expect, or is there some rule forbidding it that is actually observed?

I have read about intra-chambers discussions before the conference (i.e., most justices will discuss the case with their clerks). I have also read about private discussions between justices after a case is argued, as one bloc or the other tries to pull together a majority. I have never read about pre-conference private discussions, but I am aware of no rule against it, and it wouldn't surprise me if it happened. In fact, that's the only way I can explain the failure to grant cert. in any of the gay marriage cases-- Scalia, Thomas, Alito (and possibly Roberts) all got together and said, "let's vote against cert., we can't trust Kennedy," and Kagan, Sotomayor and Breyer got together and said, "let's vote against cert.-- the country will be more accepting of gay marriage if we put this off for a year or two."

17 posted on 11/03/2014 3:39:47 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Hebrews 11:6
LL is correct about the information he gave you.
I would add that yes it seems pretty clear that some justices talk about these things off record before the decision comes down.
In Planned Parenthood v. Casey (US 1992), the court had voted 5-4 to overrule Roe, and Kennedy decided at the last minute to switch sides. He sent a note to justice Blackmun (author of Roe) saying he was having second thoughts.
Blackmun scribbled a note that read “Roe sound”.
Justice Scalia is reported to have paid Kennedy a personal visit at home the night before the decision was announced to see if he could win him back over.
The effort was obviously to no avail.
Chief Justice Rehnquist (only he and Byron White dissented in Roe) had assigned himself the opinion overruling Roe, and his landmark majority opinion flipped to becoming the very sad minority opinion.
I wouldn't not want to have to answer in eternity for the things Kennedy has done to our nation.
He owns abortion and homosexual “marriage”.
23 posted on 11/04/2014 9:25:08 AM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
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