The secret Supreme Court: Late nights, courtesy votes and the unwritten 6-vote rule
CNN
Much of the US Supreme Court's business occurs in private, but there are some customs everyone should know
The results of some of those internal deliberations become public when rulings in cases, fully briefed and openly argued, are handed down. But other decisions made in private are surrounded by more secrecy and are more mystifying, as when the justices decide which cases merit review or when the court issues orders without any publicly recorded votes or explanations late at night.
In an expansive interview with CNN on Wednesday, Justice Stephen Breyer opened the door -- ever so slightly -- on some of the Supreme Court's internal customs, including on death penalty cases and midnight orders. But Breyer, the senior liberal among the nine, also emphasized the need for confidentiality in the justices' sessions, known as "the conference," so that they each can speak freely as cases are debated.
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