[Red Steel]

All cases are put on the "conference list." A day or two before the conference, the "discuss list" is circulated, but is never made public. If you look on the Supreme Court's docket, every single case in which certiorari was denied will be shown as having been distributed for a conference, even though most of them were not actually discussed.

Then it was much more likely than not that Berg's case made the 30% "discuss list" because Anderson's amicus brief filed under Berg's docket was "GRANTED" by the court.

[Non-Sequitur]

Then it was much more likely than not that Berg's case made the 30% "discuss list" because Anderson's amicus brief filed under Berg's docket was "GRANTED" by the court.

You need to read Anderson's brief to understand the reasoning behind that. When he filed his brief he opened it with a motion that the Supreme Court rule that required 10 days notice to all parties before the filing of an amicus brief be waived in his case. That is the motion that the Court granted and allowed the brief to be filed. They then promptly sent the matter back to the 3rd Circuit where it belonged.