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Tue Nov 23, 2021, 01:14 PM

Private SCOTUS files that could reveal what happened in Bush v. Gore remain locked up

Source: CNN

(CNN)Internal Supreme Court documents that could enhance public understanding of the Bush v. Gore election battle and other significant cases of the late 1990s and early 2000s were to be opened last year under a deal forged by a long-serving justice, but the high court has delayed release of the materials, citing the pandemic.

The late Justice John Paul Stevens, whose tenure spanned 35 years, planned for most of his case files to be opened and "freely available" at the Library of Congress by October 2020. His arrangement with the library -- the details of which have not been previously reported -- covers cases up to October 1, 2005.

Along with the 2000 Bush v. Gore decision that continues to reverberate in election-law controversies, the trove would include documents related to two groundbreaking gay-rights decisions, a seminal University of Michigan affirmative action dispute and several post-9/11 Guantanamo detainee appeals.

The release of once-private files can help illuminate one of the country's most secretive institutions, even as the open files often spawn tensions among still sitting justices. The justices keep many of their procedures confidential and all their negotiations occur behind closed doors. Historians, law professors and journalists mine the papers to understand how the nine operate.

Read more: https://www.cnn.com/2021/11/23/politics/private-supreme-court-files/index.html



I honestly didn't know that the SC was "one of country's most secretive institutions." I thought everything was public.

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Reply Private SCOTUS files that could reveal what happened in Bush v. Gore remain locked up (Original post)
Polybius Nov 23 OP
ret5hd Nov 23 #1
bucolic_frolic Nov 23 #2
turbinetree Nov 23 #3
Grasswire2 Nov 23 #4
melm00se Nov 23 #5
LastLiberal in PalmSprings Nov 23 #6
PSPS Nov 23 #7
SouthernDem4ever Nov 23 #21
samsingh Nov 23 #8
former9thward Nov 23 #29
samsingh Nov 24 #33
former9thward Nov 24 #34
usaf-vet Nov 23 #9
ancianita Nov 23 #14
dchill Nov 23 #10
Bev54 Nov 23 #11
Polybius Nov 23 #12
Bev54 Nov 23 #15
TheRickles Nov 23 #17
ancianita Nov 23 #13
C Moon Nov 23 #16
NCjack Nov 23 #18
BlueJac Nov 23 #19
SoCalDavidS Nov 23 #31
MarcA Nov 23 #20
twodogsbarking Nov 23 #22
Polybius Nov 23 #23
Bayard Nov 23 #24
Delmette2.0 Nov 23 #25
Karma13612 Nov 23 #26
crickets Nov 23 #27
bahboo Nov 23 #28
DallasNE Nov 23 #30
Kid Berwyn Nov 24 #32
Merlot Nov 24 #35

Response to Polybius (Original post)

Tue Nov 23, 2021, 01:18 PM

1. And what is there to "negotiate"???

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:18 PM

2. Must be the double-entendre behind "Justice is blind."

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:25 PM

3. Maybe the public should hold a "shadow docket" hearing....

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:38 PM

4. why why why why why why why why why?????????

How can we the people consent to be governed when the most important information regarding elections and investigations is kept from us??

This is infuriating.

How can this be a democracy? Some elites are constantly hiding information, and then going before cameras to claim that the people have a right to know the shocking information.

And yet we never see it.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:47 PM

5. It is

but it also has quite a bit that happens behind closed doors.

The biggest of the bunch is the "Conference".

During the conference, it is only the Supreme Court justices and only the justices.

During this time, certs are granted (or denied) and cases are discussed and voted upon.

The details are secret but the end results are not.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:50 PM

6. Is this the same SCOTUS which is whining about people not respecting them anymore?

Nothing says "respect" like keeping hidden the documents you agreed to release. What is the Court hiding?

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:54 PM

7. Their unprecedented decision to install an illegitimate president accelerated the destruction

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Response to PSPS (Reply #7)

Tue Nov 23, 2021, 03:37 PM

21. very true

and in 2000 I remember the first budding set of seditionists taking a bus to florida to harass the election workers trying to do a recount. Thanks POS SCOTUS, look where we are now.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 01:57 PM

8. but of course. Couldn't the current President declassify them as the former traitor was doing by

passing secrets to russians in the oval office?

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Response to samsingh (Reply #8)

Tue Nov 23, 2021, 09:11 PM

29. No.

The SC is an independent branch of government. The president has no authority over them.

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Response to former9thward (Reply #29)

Wed Nov 24, 2021, 08:54 AM

33. according to Kelly Ann under Trump, he could declassify anything he chose

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Response to samsingh (Reply #33)

Wed Nov 24, 2021, 10:59 AM

34. He could declassify anything in the Executive branch.

Which is what he had authority over. Just as Biden does.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 02:44 PM

9. YET ANOTHER REASON TO EXPAND THE COURT. As long as the Conservatives hold the majority we will.....

... never see the truth.

When are we going to learn they CANNOT be trusted?

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Response to usaf-vet (Reply #9)

Tue Nov 23, 2021, 03:06 PM

14. Exactly.

When we get a safer Senate majority.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 02:49 PM

10. Where does everybody think we are?

America?

Get real!

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Response to Polybius (Original post)

Tue Nov 23, 2021, 02:58 PM

11. Well the fact that 3 of the Justices on SCOTUS were involved

with the case, in different manners, but all with the same objective, to stop the counting of the votes, will likely see these files remain secret.

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Response to Bev54 (Reply #11)

Tue Nov 23, 2021, 03:02 PM

12. Isn't it two?

Thomas and Breyer are the only ones still on the SC that were there in 2000. Roberts was next but has only been on the seat since 2005.

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Response to Polybius (Reply #12)

Tue Nov 23, 2021, 03:13 PM

15. I am talking of those on the Bush side which would be

Justice Thomas, Kavanaugh and Comy-Barrett. Breyer was there as well but on the opposite side and I am sure would not hesitate to allow some sunlight. If there is something to hide the other 3 will not want it to be scrutinized.

Edit:
Kavanaugh, Comy-Barrett were lawyers working for the Bush side, I believe.

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Response to Bev54 (Reply #11)

Tue Nov 23, 2021, 03:15 PM

17. They should recuse themselves, if this is a matter the SC actually votes on.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:05 PM

13. Just their rulings and attendant statements.

Maybe there are good 'excuses' for releasing or not releasing documents, but they should always keep their word on release dates, regardless.


I don't know about anyone else, but I want this to be yet another reason for Congress to restructure the judiciary.

After we win in 2022. After the For The People or John Lewis Act is passed.

Right now, though, SCOTUS needs to hear the public and media voicing of doubts about SCOTUS' unclear vision of what is really happening in this nation, who is doing it, and the court's part in all of it.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:13 PM

16. They'll wait until after 2024 so the republicans can use some of the same tactics.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:24 PM

18. Looks like Gore and us were screwed and due a "free" term for Gore prez.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:28 PM

19. I've seen enough over 71years to realize this country is not what is advertised

It keeps reminding of that every year. Totally disappointed!
.

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Response to BlueJac (Reply #19)

Tue Nov 23, 2021, 11:47 PM

31. I'm 55, And Know Exactly What You Speak Of nt

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:32 PM

20. Looks like the supremes are taking the fifth.

Just more evidence showing the phoniness of American "exceptionalism".
Maybe someone can do a Pentagon Papers type action or something Anonymous.

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:39 PM

22. Reality is all we have but given the chance

I feel like Al Gore would have been a tremendous President.

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Response to twodogsbarking (Reply #22)

Tue Nov 23, 2021, 03:42 PM

23. Maybe no 9/11 if Gore wins

His team would have used resources to better spy on Osama, possibly preventing it from happening. And with that comes no Afghanistan or Iraqi Wars. Think of all the money and countless lives saved...

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Response to Polybius (Original post)

Tue Nov 23, 2021, 03:45 PM

24. What does the pandemic have to do with releasing them?

That's absurd!

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Response to Polybius (Original post)

Tue Nov 23, 2021, 04:16 PM

25. Any guesses on when we find out the real reason Justice Kennedy retired?

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Response to Polybius (Original post)

Tue Nov 23, 2021, 04:32 PM

26. There ya go.

More proof that the US of A is back-sliding on democracy.

Nope. More BS. Had enuf.


What would happen if we on the left stood up and finally said “Enuf is Enuf”??

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Response to Polybius (Original post)

Tue Nov 23, 2021, 05:00 PM

27. "the high court has delayed release of the materials, citing the pandemic."

Because court decisions from twenty to thirty years ago are so affected by the pandemic. Such transparent cowardice.

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Response to crickets (Reply #27)

Tue Nov 23, 2021, 08:23 PM

28. yep...doesn't come close to passing the smell test....

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Response to Polybius (Original post)

Tue Nov 23, 2021, 09:22 PM

30. The Pandemic Ate My Homework

Is that the essence of what they are claiming? In what way has the pandemic caused this particular deadline to be missed?

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Response to Polybius (Original post)

Wed Nov 24, 2021, 08:12 AM

32. "You don't steal elections to do good things."

— DU, January 20, 2001

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Response to Polybius (Original post)

Wed Nov 24, 2021, 11:30 AM

35. "...the high court has delayed release of the materials, citing the pandemic. "

So, they're afraid the documents will catch covid?

Nice go-to excuse - since everyone knows the dog can't eat that much paper.

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