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Salon
Salon
Politics
Lucian K. Truscott IV

Privacy, secrecy and the Supreme Court

Thurgood Marshall and Sam Alito Photo illustration by Salon/Getty Images

To use Justice Samuel Alito's criteria in his recently-leaked draft opinion overruling Roe v. Wade, where is it written in the Constitution that practically everything that happens at the Supreme Court is secret?

The answer, my worthies, is that it is nowhere to be found in the Constitution. Secrecy — or, if you will, privacy — at the court is another one of those invented rights Alito and his pals are so fond of yapping about. The secrecy of that august body is almost absolute: Everything that happens at the Supreme Court, with the exception of its hearings and the publication of its decisions, is secret. The court maintains complete secrecy about how and why it chooses which cases to hear. The conferences held by justices during which they decide cases and record their votes is so secret they don't even allow their clerks inside the doors when they consider the arguments on either side of a case. Most justices demand that their clerks take an oath to keep secret everything they learn while carrying out their jobs. 

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