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janice shell

05/03/22 4:31 PM

#79642 RE: ergo sum #79625

Yes I don’t understand these complaints about leaks. The workings of the court should be transparent. This is not about national security it is about our rights.

Good point. I suppose they simply want to avoid confusion by making available opinions that aren't yet final, and may change.

However, the Washington Post takes a different view:

The second is that a leak like this is unheard of. It’s a terrible blow to the court’s morale and process and legitimacy. It hardly matters whether it was leaked by liberals trying to shock the nation’s conscience, by conservatives trying to bolster the confidence of potentially wavering justices, or by some disgruntled employee looking for a thrill or money or something else. Whatever the leaker’s motive, the result is very bad.

Leaks are damaging for the court because the rule of law should speak with a final voice, not a tentative one. A draft opinion is a tentative thing, a work under development. It isn’t the law.


https://www.washingtonpost.com/business/abortion-case-leak-shows-that-the-supreme-court-is-broken/2022/05/03/ae7fc79c-caa5-11ec-b7ee-74f09d827ca6_story.html