Re: briefing SCOTUS in secret
I agree, such ex parte briefings would be extraordinary. But I don’t think they are prohibited by the Federal Rules of Civil Procedure. Courts also have additional rules. I can’t speak to that. It’s been a few years...so my experience is old. These are extraordinary times.
I’m with ya. I just don’t know what sort of rules might exist for a National Security Classified issue that might have a bearing on the case before the court.
Generally, both parties have to have a representative present in any discussion with judges.
What sort of research/education the judges might be able to ask for in preparation for an upcoming case, might be a determining factor, if such guidelines exist??? TBD