• With: Christopher Walker, Former Clerk for Supreme Court Justice Kennedy

    VAN SUSTEREN: Does it ever happen that it doesn't get done since (INAUDIBLE) short timeline, that it gets kicked over to the next term?

    WALKER: Not that I know of. Several years ago, Citizens United was a case that was re-argued the next term. So it -- the Justices decided to add a question onto the case, and so it wasn't decided until the next term. But as far as I know, the cases are all delivered by end of June.

    VAN SUSTEREN: All right, let's assume that by May 15th, they have the majority opinion as written. It then gets literally passed around to all the other Justices to look at it?

    WALKER: That's right, including those that don't agree. And at that point, those that don't agree, one of them will begin writing the dissent or the disagreeing opinion.

    VAN SUSTEREN: All right. Suppose that someone doesn't like the majority opinion that's being written. Does another Justice make a stop in on the other Justice and say, you know, I think we should look at it another way? I mean, is there still some deliberative process that way?

    WALKER: Oh, for sure. There are different ways. Sometimes, it's a writing memo saying, you know, I think your opinion's great, but you need to change these five things in order to get me to join. Other times, there might be conversations between the Justices and the clerks in order to iron out the differences.

    VAN SUSTEREN: Is it always pleasant and happy at the Supreme Court, or is there the passion that we see in ordinary life among Justices and clerks about these things?

    WALKER: I found the Justices to be quite collegial. Sometimes, the clerks get a little bit more excited. But I always found the Justices to be quite collegial with each other.

    VAN SUSTEREN: And then at some point down the road, probably even the last day of June, work day, there will be a reading of the opinion (INAUDIBLE) make the announcement.

    WALKER: That's right.

    VAN SUSTEREN: And if someone's really unhappy with the majority opinion, if someone's dissented, that person, if the person's particularly -- you can tell that because the person actually reads the dissent from the bench.

    WALKER: Perhaps, yes. If there's a Justice that wants to read a dissent that feels particularly passionate about an issue in the case, then that Justice can read the dissent from the bench.

    VAN SUSTEREN: But there are never any leaks. Always careful, keep everything quiet. We're not going to hear anything, right?

    WALKER: It's a pretty -- pretty tight ship over there.

    VAN SUSTEREN: Indeed, it is. Chris, thank you.

    WALKER: Great.