[LibertyRocks]

It really makes one think, doesn’t it? Hearing that Scalia didn’t even KNOW about the case REALLY concerns me. Especially when one considers that some cases NEVER hear ANYTHING as a result of these conferences. They are on a list for conference, and then they are on a list stating that they won’t be heard - no explanations given. How in the heck can we be sure that ANY of the cases that appear on that second list were even DISCUSSED? Without a signed affadavidt from one of the justices stating that they discussed it, how do we know some clerk didn’t withhold the documentation, and merely put it on the list of denial?

I really hope we hear that the Attorney General is investigating these clerks ASAP. I can only imagine what they might uncover. Where there is smoke there is fire, and IMHO if they have the guts to interfere with a case that has such importance to our national security then it wasn’t their FIRST SUCH ACT! To ME, it indicates that this is something they have done before, and thought they could get away with it...

[chainsaw]

I really hope we hear that the Attorney General is investigating these clerks ASAP

You can bet that won’t happen.

[little jeremiah]

Sounds as the the SCOTUS Justices need to investigate their own clerks. Depending on an 0bama appointee will do nothing. An “investigation” will (or won’t!) be held and the clerk/s will all be found blameless.

[Publius Valerius]

They are on a list for conference, and then they are on a list stating that they won’t be heard - no explanations given. How in the heck can we be sure that ANY of the cases that appear on that second list were even DISCUSSED?

They probably weren't. While no one except the justices are allowed into the conferences--not even the clerks--we really don't know what happens, but we have a pretty good idea based on some of the procedures that are known.

7 of the 9 justices participate in a cert pool, which means that all the cases that come in are divided up amongst the 7 justices' clerks, and the clerks write memos on the cases they have been assigned, which include a recommendation as to whether cert should be granted or denied. The clerks for the remaining two justices brief every case and write a memo for each case.

Given this, it's very likely that the justices will go into the conference with a list of some large number of cases and the CJ will say something like: "anyone interested in any of these cases?" and if someone says yes, it's discussed and a vote is taken. If not, the case is flushed.

I can only imagine what they might uncover.

Nothing.