[Obama's comments were motivated by his knowledge of how the Supreme's voted last Friday. There were no people present in the room, other than the nine judges, who tallied the votes themselves. No clerks, no janitors, no police, no law students, no one other than the justices themselves. A coin toss anyone whether it was Kagan or Sotomayor who ran to their own personal red white house phone to tell Bam how the tally went? Betcha they didn't even remove their robes to pee before making the call. If anyone lower down the food chain did the same, they'd be filing in the unemployment line by today. 'Bam is just trying to beat and smash Justice Anthony Kennedy into line.]
"Does Obama Know How the Supreme Court Voted?
The storm that erupted yesterday when Barack Obama woke up and discovered the Supreme Court of the United States was not only not elected but it could overturn “duly passed” laws, even those passed in the dead of the night by the barest of purchased majorities, has been more than adequately covered on these pages and others by actual lawyers and those who think they are.
I’m pretty sure Obama knows what Marbury v. Madison is, even though yesterday he gave a darned good impression of being a total goober in regards to our Constitution. The simplest explanation is that he knows how the vote went on Friday and is working to change that vote, failing that he is setting the predicate for running against the Supreme Court in November
According to Supreme Court protocol
When oral arguments are concluded, the Justices have to decide the case. They do so at what is known as the Justices’ Conference. Two Conferences are held per week when Court is in session, on Wednesday and Friday afternoons. The Justices vote on cases heard on Mondays and Tuesdays of a given week at their Wednesday afternoon Conference. The Justices vote on cases heard on Wednesday at their Friday afternoon Conference. When Court is not in session, usually only a Friday Conference is held
According to Supreme Court protocol, only the Justices are allowed in the Conference room at this time—no police, law clerks, secretaries, etc. The Chief Justice calls the session to order and, as a sign of the collegial nature of the institution, all the Justices shake hands. The first order of business, typically, is to discuss the week’s petitions for certiorari, i.e., deciding which cases to accept or reject.
After the petitions for certiorari are dealt with, the Justices begin to discuss the cases that were heard since their last Conference. According to Supreme Court protocol, all Justices have an opportunity to state their views on the case and raise any questions or concerns they may have. Each Justice speaks without interruptions from the others. The Chief Justice makes the first statement, then each Justice speaks in descending order of seniority, ending with the most junior justice—the one who has served on the court for the fewest years.
When each Justice is finished speaking, the Chief Justice casts the first vote, and then each Justice in descending order of seniority does likewise until the most junior justice casts the last vote. After the votes have been tallied, the Chief Justice, or the most senior Justice in the majority if the Chief Justice is in the dissent, assigns a Justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting Justice to write the dissenting opinion.
If a Justice agrees with the outcome of the case, but not the majority’s rationale for it, that Justice may write a concurring opinion. Any Justice may write a separate dissenting opinion. When there is a tie vote, the decision of the lower Court stands. This can happen if, for some reason, any of the nine Justices is not participating in a case (e.g., a seat is vacant or a Justice has had to recuse).
Based on this we know the three Obamacare-related cases were voted on at the Friday afternoon conference. What happens Monday? A full-throated attack by the White House and its devoted corps of sycophants on the very idea that the Supreme Court should hear the case. Is this a coincidence? I doubt it.
If is is axiomatic that the Supreme Court reads election returns, it is also true that they read the newspapers and public opinion polls. It can’t have escaped the notice of even a mediocrity like Sotomayor that 1) this is an election year and 2) Obama’s political fate seems to be closely tied to the outcome of the case."
Does Obama Know How the Supreme Court Voted? | RedState
