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US Supreme Court releases leak investigation report

supremecourt.gov

41–50 of 108 posts

Re: US Supreme Court releases leak investigation report

#41

Earlier quoted context omitted.

America hasn't been lacking in abortion discourse in awhile. The leak potentially effected the outcome of both the decision and November's election -- more undermining of democracy.

It certainly influenced the election and undermined the judiciary, but I'm not sure it undermined democracy .

Are you all trying to make reference to the American Republic? We aren't a democracy, although our system does have democratic features.

Re: US Supreme Court releases leak investigation report

#43

Earlier quoted context omitted.

"all employees who were requested to do so voluntarily provided call and text detail records and billing statements for their personal devices for a defined period to the best of their abilities. The investigators reviewed the call and text logs retrieved but found nothing relevant in the limited logs." All the other references that I can find look like they are limited to the Court's IT systems. That seems like it m…

Don’t the WaPo and NYT have anonymous submission sites for exactly this kind of thing?

I don't know the specifics of that, but I'd be extremely surprised if the reporters who worked on the story didn't have means at their disposal to protect the anonymity of the source. So there's yet another reason that call/text records would be very unlikely to yield useful evidence/leads.

Re: US Supreme Court releases leak investigation report

#44
post #17

Earlier quoted context omitted.

Based on what evidence?

Because he's done it before https://www.axios.com/2022/11/29/supreme-court-alito-ethics-...

I couldn’t find any evidence in that article? Just Alito and the Court denying he was responsible?

Re: US Supreme Court releases leak investigation report

#45

Earlier quoted context omitted.

It is not the duty of the Supreme Court to follow public sentiment.

It’s the duty of the court to maintain the public’s trust in the institution: without that trust the law doesn’t matter very much. This court has not been doing that very well, as evidenced by sharp changes in the opinion polling. This leak, evidence that justices are sharing unpublished opinions with interested parties, and the current weak-tea investigation are only part of the problem. But they’re big problems.

The SCOTUS is not supposed to be swayed by public opinion. The only thing that is supposed to matter is the Constitution itself, and any amendments Congress has ratified along with case law, etc. ie. if you are upset by something SCOTUS didn't agree with you on - be mad at your Congresscritter - they are the only ones with the power to change the Constitution and law.

However, there has been a growing push among some of our population that whatever is deemed popular today should be declared constitutional. That's just not how our system works - by design and for good reason.

The founders went to great lengths to ensure a populism movement could not change our federal government on a whim.

Populism movements, often based on emotional arguments rather than reality, change too rapidly and easily to form a stable platform for a long-lived government.

The erosion of public trust in the institution that is the SCOTUS is based purely on populism movements of late. Without going into specifics - the particular issues that are said to be causing this alleged erosion of trust are simply not Constitutional issues. Yet, the people demand it be so regardless... kind of the hallmark of a modern populist movement.

Re: US Supreme Court releases leak investigation report

#46
post #5

I remain convinced Alito leaked it himself to create a distraction

I think this report does suggest that one of the justices leaked it and Alito is the top candidate. Based on statements from the justices about this, I’m starting to look at Barret also but we will likely never know.

Re: US Supreme Court releases leak investigation report

#47

When I clerked for a judge (not on the Supreme Court), she sometimes asked me to write two draft opinions -- one where one side wins -- and another where the other side wins -- and she used those materials in drafting her ultimate opinion. There are so many different things going on in how judges write. I hope that they can get some _sense_ of security again so that they feel the freedom to be as open-minded as possi…

That part of their deliberations already occurred... the leak was after the majority of the justices voted to approve the draft. That's why the final opinion matched so closely to the leaked version.

Re: US Supreme Court releases leak investigation report

#49

Earlier quoted context omitted.

Based on what evidence?

Historical precedent https://www.scotusblog.com/2022/12/reverend-who-accused-alit...

That’s about someone who had dinner with Alito, and that person claims Alito talked about it at dinner. So secondhand secondhand reporting.

Re: US Supreme Court releases leak investigation report

#50
post #44
post #17

Earlier quoted context omitted.

Because he's done it before https://www.axios.com/2022/11/29/supreme-court-alito-ethics-...

I couldn’t find any evidence in that article? Just Alito and the Court denying he was responsible?

> The big picture: Rev. Rob Schenck, a former anti-abortion leader, previously told the New York Times that he learned of court's 2014 decision on Burwell v. Hobby Lobby weeks in advance, prompting a review from the Senate Judiciary Committee.

That's evidence. Testimony is evidence.

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