Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

How rare is a Supreme Court breach? Very rare

politico.com

Post reply on HN
Print view View original

41–50 of 358 posts

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

#41

Post by zdragnar »

ceejayoz wrote: post #24
refurb wrote: post #19

Earlier quoted context omitted.

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."

There is precedent for overturning precedent. Stare decisis is not supposed to mean that a decision is set in stone for eternity.

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

#42

Post by purple_ferret »

dragonwriter wrote: post #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.

Who cares. The supreme court has lost all credibility and has become just another political arm.

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

#43

Post by jaybna »

smt88 wrote: post #8
rayiner wrote: 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.

Quoted post unavailable.

No post body was provided.

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

#44

Post by gameswithgo »

dragonwriter wrote: post #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.

No post body was provided.

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

#45

Post by bruceb »

ceejayoz wrote: post #38
hindsightbias wrote: post #33

Unherd of before rulings, but this is the big one. But they’re just warming up. Obergefell v. Hodges, Affirmative Action… a lot of unwinding in the next generation. Remember, both sides are the same. /s

Lawrence and Griswold may be on the chopping block, as well.

No. No state is going after that. People don't care enough. There are not significant anti gay sex groups.

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

#46

Post by boringg »

magpi3 wrote: post #23
elliekelly wrote: post #18

Earlier quoted context omitted.

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.

Not in the current political climate - can't get garner the votes to impeach.

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

#47

Post by StanislavPetrov »

magpi3 wrote: post #4
rayiner wrote: 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.

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.

>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.

We can only speculate until (unless?) the details come out. It certainly could be for the money. On a hot potato political issue like this, someone who is seen as "helping the cause" could easily make millions from a Gofundme or a book deal. There is also the social capital to be gained among those who would view this person's "sacrifice" as heroic. And of course there are always true believers like Reality Winner who are blinded by ideology and fail to consider the potential consequences of their actions.

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

#48

Post by zdragnar »

ceejayoz wrote: post #40
zdragnar wrote: post #36

Earlier quoted context omitted.

That is extremely unlikely. There's nothing to be gained by breaking the trust of the supreme court justices by leaking a draft of a decision you are in favor of. Now, the justices will be facing intense public discontent from those who want a different decision to be made before the draft is finalized (not that I suspect anything can realistically be changed at this point). If you favor the decision, then it also sp…

> There's nothing to be gained by breaking the trust of the supreme court justices by leaking a draft of a decision you are in favor of. Yes, there is. You potentially lock in someone who’s been waffling on their final vote by making their initial vote public.

That could just as easily, if not more certainly, backfire.

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

#49

Post by altcognito »

ceejayoz wrote: post #38
hindsightbias wrote: post #33

Unherd of before rulings, but this is the big one. But they’re just warming up. Obergefell v. Hodges, Affirmative Action… a lot of unwinding in the next generation. Remember, both sides are the same. /s

Lawrence and Griswold may be on the chopping block, as well.

The right to contraception folks. While it may seem farfetched in your neck of the woods, a lot of things seem farfetched until they happen.
Post reply on HN