“If there is a secret election integrity case, publicity of it it could be hushed so that no juries end up biased. Who knows?”
That’s not how it works. The Supreme Court is an appellate court, meaning that it doesn’t do trials, empanel juries, hear testimony and look at evidence or any of the other stuff that happens in trial courts (the trial courts are the only kind that most people ever get involved with). Cases get to the Supreme Court when someone appeals a lower court’s application or interpretation of the law and that’s all that the court considers.
Sure, the trial courts have juries. But the trial court jury is done long before the case gets to the Supreme Court (there are multiple levels of appeal before then) so it makes no sense to say that SCOTUS might be hearing and ruling secretly to avoid biasing a jury.
The entire idea of a secret case at the Supreme Court level makes no sense. For example, how would the court solicit briefs?
“If there is a secret election integrity case, publicity of it it could be hushed so that no juries end up biased. Who knows?”
That’s not how it works. The Supreme Court is an appellate court, meaning that it doesn’t do trials, empanel juries, hear testimony and look at evidence or any of the other stuff that happens in trial courts (the trial courts are the only kind that most people ever get involved with). Cases get to the Supreme Court when someone appeals a lower court’s application or interpretation of the law and that’s all that the court considers.
Wouldn't the lower courts have juries, or are they all ruled from the bench?
If one made it through, with full hush orders, would we ever learn about it even as it made its way all the way up to the Supreme Court?
I'm honestly curious.
Sure, the trial courts have juries. But the trial court jury is done long before the case gets to the Supreme Court (there are multiple levels of appeal before then) so it makes no sense to say that SCOTUS might be hearing and ruling secretly to avoid biasing a jury.
The entire idea of a secret case at the Supreme Court level makes no sense. For example, how would the court solicit briefs?