Well, Congress has mostly open committee hearings, nearly entirely open floor debates, and staffers leak all the time.
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Replying to @joshchafetz
Thinking more about it, I think you're probably right that Congress ends up being more transparent: All the good stuff leaks, so you know
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Replying to @OrinKerr @joshchafetz
what Congress is doing and why. With so many people involved, open lobbying, etc. the process is much more open. So it may be that
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Replying to @OrinKerr @joshchafetz
the big decisions are made behind closed doors w just a few people, but it all leaks out into the press in short order, unlike SCOTUS.
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Replying to @OrinKerr @joshchafetz
So that's a fair point, Josh, and I appreciate it.
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Replying to @OrinKerr @joshchafetz
Maybe the SCT equivalent of Politico coverage of Congress would be like "Conservative law clerks working on the redistricting case say. . .
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Replying to @OrinKerr @joshchafetz
. . . that Justice Kennedy's first concurring draft was circulated Tuesday. Justice Thomas was reportedly floored by the opinion, and . . .
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Replying to @OrinKerr @joshchafetz
. . . sources close to Justice Ginsburg's chambers were thrilled. 'We're going to pull out a big win in this case,' an RBG staffer said." :)
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Replying to @OrinKerr @joshchafetz
Small issue, but why don't the justices routinely announce the reasons for recitals?
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Or votes on applications? And, why the (seemingly?) increasing number of per curiam decisions? And, how is it transparent when there are ...
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Replying to @chrisgeidner @OrinKerr and
... debates — among sitting judges and former clerks! — about what the VOTES even are in some matters (IRAP), let alone reasoning.
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