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Outrage Erupts After Supreme Court Suffers ANOTHER Major Leak


This is just unreal.

Once again, the Supreme Court has suffered a major leak.

This time, it was to the New York Times, who just published a series of leaked confidential, private memos from SCOTUS justices.

See here:

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Now, most of the NYT report is locked behind a paywall.

But, (surprise, surprise), it turns out that leak goes against conservative SCOTUS justices.

Esquire provided some excerpts from the NYT leak:

Over the weekend, The New York Times published a trove of personal memos from the members of the Supreme Court outlining the court’s promiscuous use of the so-called shadow docket. It has become the carefully constructed conservative majority’s favorite work-around to kill policies it doesn’t like and support causes that it and its corporate patrons do.

The report is an astonishing leak of private communications between the justices. It bespeaks a court at war with itself, completely out of the control of Chief Justice John Roberts. The best evidence of the latter contention is the fact that Roberts emerges from these memos as a complete hack. The Times traces the invigorated shadow docket back to when Roberts used it to block an environmental program from President Barack Obama.

For two centuries, the court had generally handled major cases at a stately pace that encouraged care and deliberation, relying on written briefs, oral arguments and in-person discussions. The justices composed detailed opinions that explained their thinking to the public and rendered judgment only after other courts had weighed in.

But this time, the justices were sprinting to block a major presidential initiative. By a 5-to-4 vote along partisan lines, the order halted President Barack Obama’s Clean Power Plan, his signature environmental policy. They acted before any other court had addressed the plan’s lawfulness. The decision consisted of only legal boilerplate, without a word of reasoning. At the time, the ruling seemed like a curious one-off. But that single paragraph turned out to be a sharp and lasting break.

That night marks the birth, many legal experts believe, of the court’s modern “shadow docket,” the secretive track that the Supreme Court has since used to make many major decisions, including granting President Trump more than 20 key victories on issues from immigration to agency power.

This is where Roberts comes in.

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In public, Chief Justice John G. Roberts Jr. has cultivated a reputation for care and caution. The papers reveal a different side of him. At a critical moment for the country and the court, the papers show, he acted as a bulldozer in pushing to stop Mr. Obama’s plan to address the global climate crisis. When colleagues warned the chief justice that he was proposing an unprecedented move, he was dismissive. “I recognize that the posture of this stay request is not typical,” he wrote. But he argued that the Obama plan, which aimed to regulate coal-fired plants, was “the most expensive regulation ever imposed on the power sector,” and too big, costly and consequential for the court not to act immediately.

This is the third major leak in the last four years, which absolutely should not happen coming from the Supreme Court.

What this means is that there must be some traitorous insider working to undermine the Supreme Court — namely, the conservative justices.

As you may recall, the last time this happened with the Dobbs decision, Justice Kavanaugh was almost murdered by an assassin who targeted him and his family.

This clip from Fox News dove deeper into the implications:

OUTRAGE: Americans are DEMANDING answers after the The New York Times obtained and published “secret” internal memos from the U.S. Supreme Court — marking the third MAJOR leak from the high court in the last four years.

Kerri Urbahn: “Which is really unheard of from the U.S. Supreme Court.”

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“I think these leaks TEND to go in one direction and it is to undercut what the conservative wing of the Supreme Court is doing or in the process of doing.”

“Certainly, that was the case with Dobbs, and we saw what happened there when that decision was leaked.”

Notably, this third leak happened right after liberal Justice Ketanji Brown Jackson gave a speech on the very same procedure discussed in the NYT report.

Fox News explained further:

The most recent leak was published by the New York Times, which was given internal memos from various Supreme Court justices on the use of what is known as the “shadow docket” to issue rulings without oral arguments.

Notably, the leaks occurred after a controversial speech by Justice Ketanji Brown Jackson at Yale Law School in which she denounced the use of the shadow docket by her conservative colleagues to release decisions that were sometimes “utterly irrational.”

The memos reveal the concern of the justices that the Environmental Protection Agency was effectively gaming the system, imposing unlawful regulatory burdens on electric utilities despite a countervailing earlier ruling in Michigan v. EPA.

Chief Justice Roberts noted that the EPA was using the ongoing litigation to force utilities to spend billions of dollars to comply with the new regulations: “In other words the absence of stay allowed the agency to effectively implement an important program we held to be contrary to law.”

The controversy over the use of the shadow docket is immaterial to this story. The most immediate concern for Roberts should be that this is strike two: another leak from within the court that was clearly designed to wound some of its members.

Unlike the Dobbs leak (which appeared to be an effort to influence the final opinion), this is a leak about a decade-old case. It had a purely malicious purpose to embarrass or disrupt the court.

The question, again, is the identity of the culprit. There is no reason to assume that the same person was involved in both leaks. Rather, the leaks appear to reflect a deteriorating culture at the court.

Now, calls are growing for an investigation to be launched into the SCOTUS leaker.

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Take a look at some of these responses on social media:

Find the leaker and hold them accountable!

What are your thoughts?



 

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