The day after Politico published a leaked draft opinion showing the Supreme Court was ready to overthrow Roe vs. Wade, Chief Justice John Roberts announced that the marshal of the court would investigate said leak. Now CNN reports that the clerks of the nine justices could be required to turn over cellphone records and sign affidavits, and some clerks would be so alarmed by the request that they could hire a lawyer. (Leaking unclassified documents is generally not considered a crime, but lie in an affidavit could be.)
Each judge usually has four clerks, and draft opinions are sent to almost 75 people: “the nine judges, their clerks and the principal members of the staff of each chamber of justice and of certain administrative offices.” There would have been digital and physical copies and—ahem, family members could have accessed:
There are protocols for handling draft judicial opinions, which circulate electronically on a closed system, separate from the computer system used by judges and court employees to communicate with people outside the court. Yet it is possible for printed copies to leave the building even under innocent circumstances, as the work is brought home.
A bunch of conservatives—and judges themselves!—have selected at to concentrate on the impropriety of the leak, rather than its substance, and suggested that “left» is responsible or that a clerk of a liberal justice did it. They ignore the possibility that the leaker could have been someone close to a conservative judge who wanted to bully a tasteless vote into sticking to the maximalist outcome.
Above all, CNN Remarks that the results of the investigation may never have to be made public. But wringing hands over who leaked the document and cover of the probe conveniently distracts from something far more pressing: THE SUPREME COURT SEEMS LIKELY TO OVERTURN A 49-YEAR PRECEDENT AND LEAVE TWO DOZEN STATES BAN ABORTION AND LEAVE OTHER IMPORTANT RIGHTS SUSPENDED BY A THREAD.
Frankly, there are far better things the marshal of the court could investigate, like, say, the activities of Ginni fucks Thomas. Roberts called the leak “treason“- but what about the duplicity current judges Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, all of whom said in their confirmation hearings that they precious precedent?
No, instead we’re going to talk about the real issues, like decorum and demonstrations in front of the to research and the judges houses.