The secret Supreme Court: Late nights, courtesy votes and the unwritten 6-vote rule

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In an expansive interview with CNN, 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.

Much of the US Supreme Court's business occurs in private, as the nine justices meet alone around a rectangular table in a small oak-paneled room.

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.

 

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I can see Stephen Breyer in Rosemary's Baby looking down at Mia Farrow's devil baby and smiling.

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