The Court makes a significant and early cut before voting on certiorari, though it is largely unexplained by the literature on Supreme Court agenda setting.
I don't think anyone would dispute that at this point, but I think we're getting a little off target. It's not whether they all vote in conference that matters. The question is, does getting shown on the docket as going to conference pass any kind of hurdle?
LL has said that all the cases, even the ones that get denied because no judge put them on the discuss list, are still listed on the conference list and still reported back as denied.
If true, that means the cases we've seen so far could have been cases that were never put on anyone's discuss list.