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How rare is a Supreme Court breach? Very rare

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Re: How rare is a Supreme Court breach? Very rare

#21
SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court:

https://twitter.com/SCOTUSblog/status/1521295411545260035?t=...

It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.

Re: How rare is a Supreme Court breach? Very rare

#23
post #4

Earlier quoted context omitted.

Don't you think it was for money? A law clerk would be risking their entire career for this, and I can't imagine they would do that just to get the news out early. I wonder if politico will acknowledge whether or not they paid for the leak.

It could also have been leaked by a sitting Justice in which case the source would have risked nothing at all.

Justices can be impeached. I'm not saying they would be, but it's possible. Why risk it? The opinion is going to come out anyway.

Re: How rare is a Supreme Court breach? Very rare

#24
post #19
post #16

Earlier quoted context omitted.

The judicial branch already disregarded the process. See the current court's use of the shadow docket, and hell, _this decision_ itself.

This decision is disregarding what process? This is the power vested in the Supreme Court. Edit: No, no law is “settled” and impossible to overturn. The comment said “casually overturned”, not “never overturned”. It’s how it’s supposed to work You don’t get to pick and choose what decisions you like and then attack the ones you don’t. If you do you undermine the decisions you don’t agree with AND the ones you do.” An…

> This decision is disregarding what process?

Stare decisis, aka precedent.

https://www.pbs.org/newshour/health/is-roe-v-wade-settled-la...

"During his confirmation to the Supreme Court, Brett Kavanaugh convinced Sen. Susan Collins that he thought a woman’s right to an abortion was 'settled law,' calling the court cases affirming it 'precedent on precedent' that could not be casually overturned."

Re: How rare is a Supreme Court breach? Very rare

#28
post #3

This sort of leak, likely from a law clerk given that it was a draft opinion, is not a good development. Nobody has any loyalty to their institutions anymore. Every institutional loyalty has been subjected to team red or team blue.

SCOTUS picked their team 21 years ago

Re: How rare is a Supreme Court breach? Very rare

#29

SCOTUSblog’s Twitter has an on point take on the significance of the leak within the Court: https://twitter.com/SCOTUSblog/status/1521295411545260035?t=... It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.

I'm not at all surprised. Though I wonder if the risk of leaks going forward might act as a normalizing force on "hot take" court opinions (in either direction).

I'm looking forward to a post-leak Supreme Court, at least for now. I can't foresee negative outcomes yet so I'm open to a counter-thought to the one I presented above.

Re: How rare is a Supreme Court breach? Very rare

#30
post #3

This sort of leak, likely from a law clerk given that it was a draft opinion, is not a good development. Nobody has any loyalty to their institutions anymore. Every institutional loyalty has been subjected to team red or team blue.

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