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The Roe v. Wade Opinion Is Not the First Supreme Court Leak


I used to write an article that reviews law on scandals in the United States Supreme Court. I sent a copy of it to the Supreme Court judge. That justice is Samuel Alito.

I told Justice Alito about “Scandal! The Early Bulletin on the Supreme Court and the Journalist-Judicial Split” was at a work dinner many years ago, and he showed interest, so I sent a copy to his chambers. it in Court. The article focused on the acrimonious relationship – especially in the 1800s – between Supreme Court justices and the journalists who covered them.

Journalists had once scoffed at the judges, writing that the men in their stunning justice robes had “elegant, seriousness and neatness” and dared not question their integrity. such majesty or further investigation. And then, quite unexpectedly, the coverage turns to tone: One important justice should brush his “uncomfortably tangled black hair,” another has a “woman mouth,” etc.

Who doesn’t want a camera in the courtroom these days? Back in the 1800s, judges did not allow sketches or any form of notes. Judges today complain about the media and argue that the law must be changed to dominate the press? When a newspaper criticized the poor eyesight of a justice and child marriage in the 1800s, he decried journalists for invading privacy, unearthing domestic scandals and concealing “following in the footsteps of men who openly reveal political secrets”.

Political secrecy as pending outcome in Court cases. The Leaked draft comments shows that conservative judges want to overturn Roe v. Wade? That’s just the latest example.

People have claimed that this week’s leak of the Dobbs Women’s Health Foundation suing Jackson is “never happend, “But not so. Take Dred Scott’s terrifying decision that in the mid-1800s slavery was promoted, one of the first, if not the first, leaks. Three months before the final comments were made, newspapers began reporting on the vote, which was split 7-2 against Dred Scott, the former slave man who had made his way to a country. free to argue for his and his family’s freedom. “Slavery,” one of the newspapers predicted with confidence and trepidation in the weeks leading up to the final decision, “will thus become a national institution,” is enforced. by the “slave majority” of the Court, judges of “notorious, rank and smell[ed] to heaven.”

That report was noticed in many ways. And just like today, newspapers warned back then that the decision against Dred Scott would do “a lot of work to divest”. [the Court] affect ethics, and undermine the country’s confidence” in the Court as an institution. The decision, like the 2014 law review article I submitted to Justice Alito, is a decision “that many people disrespected, written by a Justice who went against him, that was taken by someone at the Court revealed to the media before the official hand. . ”

Something else might sound familiar. Back then, the Court also conducted similar investigations after the leak. Bold theories arose in the 1800s about the perpetrators under various circumstances: an insider had been drinking, another had been robbed of cash, members of a friendly Wall Street clique. several judges, one Supreme Court employee, one justice. he himself.

We may never find out who sent Alito’s majority opinion manuscript to outsiders. Back then, it was pretty clear that Justice Stephen Field himself was responsible in some cases. Here are some of what New York Times Written: “[U]Until recently… we had assumed that the Judges themselves were not inclined to speak ill. Obviously we overlooked Mr. Justice Field. “He loves to talk,” the newspaper added, “and when the source of the speech is unleashed by the generous influences of a good dinner, he flows like a river.”



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