Earlier quoted context omitted.
It's been on every major US news site and channel for about the last hour.
I don't read any major US news site regularly.
Why is it a “wow” that you find it here, in that case?
How rare is a Supreme Court breach? Very rare
31–40 of 358 posts
Re: How rare is a Supreme Court breach? Very rare
#32Earlier 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.
Given the absolute destruction this will wreak on internal institutional trust at the Court, there is only one sitting Justice that would really risk nothing at all by leaking it.
Re: How rare is a Supreme Court breach? Very rare
#33Unherd 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
Re: How rare is a Supreme Court breach? Very rare
#34Earlier 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.
No post body was provided.
Re: How rare is a Supreme Court breach? Very rare
#35SCOTUSblog’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.
Aka a chilling effect (a phrase invented in high court opinion) on justice, if unpopular
Re: How rare is a Supreme Court breach? Very rare
#36Earlier quoted context omitted.
This is the bigger problem. There is a process and some people seem to think circumventing it is the right response. The courts will make a decision and then it's up to Congress to draft new laws if it wants. Undermining the process of the judicial branch is not going to end well at all.
The leak could have been done by someone who favors the draft.
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 speaks to money not getting a significant motivating factor (taking money to leak would betray someone they are supporting, which seems less than likely).
By this line of reasoning, I am assuming it was done by someone who deeply opposes the result.
Re: How rare is a Supreme Court breach? Very rare
#37No post body was provided.
Re: How rare is a Supreme Court breach? Very rare
#38Unherd 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.
Re: How rare is a Supreme Court breach? Very rare
#39Earlier 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…
> You don’t get to pick and choose what decisions you like and then attack the ones you don’t.
Sure I do. This one hurts people and is being decided by a broken court, formed by illigitimate means.
Re: How rare is a Supreme Court breach? Very rare
#40Earlier quoted context omitted.
The leak could have been done by someone who favors the draft.
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.