Hmmm... can he do that?
Can Scalia demand to have the Birth Cert unsealed for just him to look at?
Honestly, I’d drop the whole matter if Scalia & Co looked at it in private and stated that Bammy was eligible under the Constitution.
That’s not what the article said. We need 4 Justices to vote to send the case to oral argument. Scalia will hear it, we need 3 more Justices.
It would seem that if the Supreme Court wanted to see a document as part of an active case that they'd agreed to hear, they could (possibly, at least) subpoena that document.
Honestly, I’d drop the whole matter if Scalia & Co looked at it in private and stated that Bammy was eligible under the Constitution.
I am unaware of anything in the US Constitution or in any body of law that gives the Supreme Court the right to act as an investigative body in the absence of an active case. If anyone is aware of such a law, I'd like to see it.