On September 24, Greens and Libertarians rallied on the north edge of the U.S. Supreme Court Building, hoping to draw public attention to today’s U.S. Supreme Court conference. That conference, which goes on all day, in private, is where the justices decide which cases to hear. On the schedule for today’s conference is Rogers v Cortes, the Pennsylvania ballot access case.
Even though the U.S. Supreme Court itself decided over a decade ago that sidewalks around the Court building are public fora, and that it is legal for demonstrations to be held there, various police officers tried to discourage the rally. The rally was being filmed by documentary film-maker Peter Hwosch. As the speakers were starting, the lawn sprinklers came on just where the group was positioned (the lawn sprinklers didn’t come on anywhere else). The group moved further down the Maryland Avenue sidewalk, but police with police dogs then ordered the group to vacate Maryland Avenue sidewalks entirely, and go to a more remote location. The group complied. It is most unlikely that any U.S. Supreme Court Justices saw the rally.
The Court won’t announce any decisions about which cases are being heard until Tuesday morning, September 25. At the time, cases that have been chosen will be listed. In the Pennsylvania ballot access, it is most likely that if the Court is interested in it at all, it will ask Pennsylvania to respond, but such an order would not be released on September 25; instead it would be on October 1.