Supreme Court Leaks
We’ve all come to expect leaks from the government to the media, but not from the Supreme Court. Although we haven’t had a leak in a year or so, with so many consequential decisions coming out in the next month or so, I thought I’d tell you why these leaks are so devastating.
Every year, countless cases are appealed to the Supreme Court. These appeals are called a writ of certiorari. Most are denied, but SCOTUS uses what is known as ‘The Rule of Four’. This is the Court’s longstanding internal custom that four out of the nine justices must vote in favor of granting a petition for a writ of certiorari in order for the Court to hear a case. This exists to prevent a majority of the justices from completely controlling which cases the Court reviews.
Once the Court accepts a case, the Justice’s individually, and with their staff, spend several months studying the case. All cases in front of SCOTUS have extensive legal proceedings that have occurred over the course of several years.
SCOTUS then ‘dockets’ oral arguments. All of the parties involved appear before all 9 Justices to argue their case. It is here that the Justice’s interrogate (for lack of a better word) the lawyers on both sides for the scheduled time. This is each side’s final opportunity to plead their cases to the last court that will hear their case. A decision by SCOTUS is final, and there are no more appeals left.
SCOTUS routinely accepts between 60 and 80 cases per years. During their oral arguments calendar, they’ll typically hear two cases per day, 3 days per week.
Now, let me get to the point I want to make. A little known fact about the Supreme Court is when they make their decision. That decision is made right after oral arguments. I mean like 10 minutes later.
After oral arguments, the 9 Justices retire to a private room with just the 9 of them. They then take a vote, and the outcome of that vote becomes law.
The Chief Justice will then assign a Justice from the Majority, and one from the Dissenting side to write the legal opinions.
This is why leaks are so damaging. Writing the legal opinions take months. The court, and most of their staff, knows the decision within a few minutes of the oral arguments. The Justice assigned to write the opinions rely heavily on their staff to help write these legal documents that change the course of history. They have to get it right. Also, if you’re writing the dissenting opinion, you have the opportunity to state why you think the majority opinion is wrong.
Most people think SCOTUS makes the decision when it issues its opinion. Nope, the decision was made 10 minutes after the oral arguments that happened 4 or 5 months ago. That’s why leaks are so devastating.
Anyway, I just thought everyone would benefit from knowing when SCOTUS actually decides the case. Then it’s supposed to be hush hush until they are ready to release their Majority and Dissenting opinions.
@BuzzPatterson I would love to hear from his 'foxhole mates' that were in the desert with him that were filling up with water. Surely one of those 'foxhole mates' will step up and confirm this.
That heavy rain set this like a film scene.
I also can’t get over @kwelkernbc repeatedly crying that she flew all the way to Wisconsin for the interview. It’s a two hour flight from D.C.
Dear @WhiteHouse, my name is Rodney Smith Jr., founder of Raising Men & Women Lawn Care Service in Huntsville, Alabama. Through our 50 Yard Challenge, over 6,000 kids across the country have signed up to mow free lawns for the elderly, disabled, veterans, active-duty military, first responders, and single parents. With America celebrating its 250th birthday this year and me also being born on July 4th, I wanted to humbly ask if a few kids from our program and myself could travel to Washington, D.C. to help mow the White House lawn for this historic celebration.
More than anything, I want these kids to see how a simple act of service something as ordinary as mowing a lawn for someone in need can lead to extraordinary places. What better lesson in community service than showing them that helping others can take them all the way to our nation’s capital? I’d also love to bring my American flag-themed mower in hopes that the President might sign it, so I can later auction it off and donate 100% of the proceeds to a nonprofit supporting veterans. It would be a once-in-a-lifetime opportunity to highlight the importance of service, patriotism, and the impact young people can have when they choose to make a difference. 🇺🇸
@grok@BritniDWrites@BritniDWrites, see how easy this was to answer your question? Since your bio lists you as a writer, you're supposed to provide answers to these questions. Since my bio also lists me as a writer, I answered your question...in 7 seconds.
An interesting side note; For the Los Angeles Mayor's race, the rules are slightly different. If one candidate gets over 50% in the June primary, they win the election outright, there is no November runoff.
A big win for conservatives and republicans last night in California.
California uses a nonpartisan primary system. If no one candidate gets over 50%, the top two advance to a November 3, 2026 runoff.
In the governor's race, polling had democrat candidates Xavier Bacerra and Tom Steyer in first and second place, with Republican Steve Hilton a distant third. This would have pitted Bacerra and Steyer against each other in the general election in November. And who could have guessed, but the polling was completely wrong.
Steve Hilton came in first with 1.39M votes, followed by Bacerra with 1.27M. Steyer came in a distant third with only 979K votes. Hilton and Bacerra will face off in November for governor. But, because it's California, they will probably continue to print and count ballots until they get the results they want.
In the LA mayor's race, voters chose among over 14 candidates. Similar to the governor's race, the republican candidate finished in the top two. Spenser Pratt outperformed all of the myriad of democrat candidates and finished second to incumbent mayor Karen Bass. It's been over 20 years since a republican advanced to the general election in the Los Angeles mayor's race.
But, because it's California, they will probably continue to print and count ballots until they get the results they want.