Skip to content
A Member of the Law Professor Blogs Network

Who leaked? HotAir

Imagine that you re Neil Gorsuch or Brett Kavanaugh. Your initial vote at the conference of the justices in December was to overturn Roe but now you re having second thoughts. John Roberts s compromise position, in which Casey goes but the basic framework of Roe stays, is starting to appeal to you. Suddenly boom. Alito s draft is published in Politico. Now the world knows what your initial vote was. Voting with Roberts would have made you a villain to the right under any circumstances, but voting with Roberts now that your first vote to dump Roe is known to the public would make it look like you bowed to the public outcry after Alito s draft was leaked.

Not just your conservative bona fides but your basic judicial integrity would be destroyed. You d be viewed as a spineless joke. And by appearing to bend to public pressure, you d incentivize more leaks of major decisions in the future aimed at swaying undecided unjustices.

Realistically, your only choice now that Alito s opinion is out there is to stand pat on your initial vote and resist Roberts s appeal.

Which makes me think & maybe it was a conservative justice s office that leaked this after all.

via hotair.com

Oh dear. This sounds like totally what some young Yalie conservative, attached to all the secret society and Yale Political Union poisonous bullshit in New Haven, would try. I can’t imagine it’s gotten any better since I was there. Another plausible theory.