How rare is a Supreme Court breach? Very rare • Hacker News Board

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

#91

Post by incomingpain » Tue, May 03, 2022, 2:54 AM UTC

eganist wrote: post #2

The main topic may be a bit more heated and less aligned with typical discussions on HN, but as a DC resident and security/policy wonk I found the details of the breach of the Supreme Court's veil to be much more fascinating. Main topic is the leak of the draft opinion overturning Roe v. Wade. https://www.politico.com/news/2022/05/02/supreme-court-abort...

The main topic is inappropriately flagged, but you can clearly see the meltdown and why it's flagged.

In terms of a breach, I don't believe I've seen anything like this. They seem to have figured out who leaked this. That person will have to live with their decision. I don't know how they will justify or rationalize it, but I don't fathom I would want to be them right now.

Insider threat is very commonly a breach/leak issue. People who have legitimate reason to have access can decide what to do afterwards. No magic DLP is ever stopping someone who has real access. You have to pat people down and wand them for metals and even look for concealed sd cards. It far more security than they are ever subjecting to these people. So the hole is open.

The only way to prevent a breach when the hole is open is to ensure there's no need to leak. If discussing or planning to repeal roe vs wade. The supreme court should be doing this all in public. It doesn't have to be all out news event or even live for that matter.

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

#92

Post by maxerickson » Tue, May 03, 2022, 2:55 AM UTC

rayiner wrote: post #67

sjg007 wrote: post #52

Earlier quoted context omitted.

If the Supremes overturn Roe vs Wade they will lose all of the legitimacy they’ve spent the last 70 years building. At that point the Court itself is fubar. It probably already is fubar since Trump anyway. Clarence Thomas and his wife’s Jan 6th involvement is just the cherry on top of a shit show. In the end they are falliable humans like the rest of us so perhaps we hold too high an opinion.

The fact that liberals peg their views of the Supreme Court’s “legitimacy” on a cluster fuck of an opinion as Roe v. Wade speaks volumes. Roe is so bad that it has long united libertarian conservatives (who hate it because it makes up a right out of thin air) and social conservatives (who had abortion on the merits). In addition to that it manages to be wildly out of line with international norms, which: 1) Generally…

I think I've actually asked you something like this before, but is there a compact way to write a constitutional amendment that creates a right to privacy?

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

#93

Post by coffeefirst » Tue, May 03, 2022, 2:55 AM UTC

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.

Yep. This is the atomic bomb of American politics, and that's what happens when you set it off.

The comments about institutions and trust and process seem to miss the point: those are the first casualties. It gets uglier from here.

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

#94

Post by johnnyanmac » Tue, May 03, 2022, 2:55 AM UTC

refurb wrote: post #73

cocacola1 wrote: post #54

Earlier quoted context omitted.

Insofar as I see it, the Court lost its credibility since Dred Scott.

Human institutions aren’t perfect? Throw them all out!

I feel like "impartial AI judge" is at least the top 3 most common sci-fi topics.

I've yet to see a work that puts such a concept in a good light. Even if humans are prone to corruption, the theoretical point of a judicial system is to deal with the edge cases that are never clear cut.

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

#95

Post by adlfkjlkjlawe » Tue, May 03, 2022, 2:55 AM UTC

rayiner wrote: post #90

purple_ferret wrote: post #42

Earlier quoted context omitted.

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

It takes some mental gymnastics to say that elective abortions to 24 weeks is a “human right” that’s so important it must be read into the Constitution—implying that countries like France, Denmark, Germany, Italy, and Spain are violating human rights by limiting abortions to the first trimester. But to go further and say the Supreme Court “has lost all credibility” by returning US law to the international norm—where…

No post body was provided.

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

#96

Post by User23 » Tue, May 03, 2022, 2:55 AM UTC

cocacola1 wrote: post #63

bruceb wrote: post #45

Earlier quoted context omitted.

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

Sure they'll go after it. There are people that believe that contraception is murder.

No post body was provided.

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

#97

Post by capguy255 » Tue, May 03, 2022, 2:56 AM UTC

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.

You think it's a good thing that the judiciary is an ivory tower with absolutely no regard for public perception? These nine people are unelected and appointed to their positions for life. They are insulated from political pressure by the other branches of government. But it is incredibly damaging to a democratic republic if government is unaccountable to the people.

Not to mention, the basic premise of THIS OPINION is that public debate about controversial issues is healthy. Anyone complaining about this leak being damaging are doing a great job of undermining the basic premise of the opinion.

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

#98

Post by slg » Tue, May 03, 2022, 2:56 AM UTC

rayiner wrote: post #90

purple_ferret wrote: post #42

Earlier quoted context omitted.

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

It takes some mental gymnastics to say that elective abortions to 24 weeks is a “human right” that’s so important it must be read into the Constitution—implying that countries like France, Denmark, Germany, Italy, and Spain are violating human rights by limiting abortions to the first trimester. But to go further and say the Supreme Court “has lost all credibility” by returning US law to the international norm—where…

You have to either be extremely naive or totally oblivious of the current political climate in the US to think this ends with only a ban on abortions after 24 weeks.

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

#99

Post by jmyeet » Tue, May 03, 2022, 2:56 AM UTC

WillPostForFood wrote: post #85

jmyeet wrote: post #76

People focusing on the leak rather than what was actually leaked is testament to just how effective conservatives are at propaganda and messaging.. We don't know if this is a majority opinion. It may be a minority opinion in the hopes of becoming a majority opinion. It may not even be real (although that seems unlikely). It could've been leaked by someone on the right to drum up on support but my guess is it's more l…

"People focusing on the leak rather than what was actually leaked" Have you taken the time to read it? It is the majority opinion. They vote first, then go to write opinions and dissents. It is not a dissent..

I have read it. My understanding from reading elsewhere is these situations can be fluid. At the time it was written it may well have been a draft majority opinion. Votes can change. Also, if you accept that the court voted to overturn Roe, the reasoning for doing so can still change. There may be other competing draft majority opinions that are, say, more limited in scope (eg 15 weeks instead of 20).

Nothing is really final until it's published so I am cautious of taking it at face value as established fact. That's all.

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

#100

Post by xeromal » Tue, May 03, 2022, 2:57 AM UTC

giantg2 wrote: post #66

8note wrote: post #51

Earlier quoted context omitted.

The current court is made up of members in their position by ignoring process. Does the process still matter?

I'm not sure what you mean by the ignoring process part. Is it the way they were appointed or something to do with the justices themselves? Government is ignoring processes and right at all levels to some degree. I sympathize with the idea that rule of law has become a joke since nobody can enforce it on the people in power.

This post is gonna be too hot to make reasonable arguments, but I think they're talking about how Garland was never confirmed when Obama appointed him. At least one of these seats should've been someone else.