Reply to “We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft

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Reply to "“We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Have we discussed a right-wing journalist naming a random SCOTUS clerk as the leaker based on nothing but pure speculation (because she has a gender studies degree)? I think the person who leaked should be fired/disbarred but I'm not sure we should be naming random people as the leaker.[/quote]

Subpoena the journalist who received and let hackers follow the email and IP addresses.

Can you imagine if pretrial Supreme Court writings were leaked? Besides the federal offense [/quote]

You’re assuming the draft was transferred electronically.  Much safer to give a hard copy. [/quote]

One thing I have been surprised by in this whole incident is that we haven't seen former Supreme Court clerks coming out of the woodwork to talk about procedure within the Court.

Like, does the Court have audit control on its printers or documents? Does it have any non-networked printers? Are drafts password protected? Do certain Justices require a hard copy come to them in their chambers? Making a hard copy could be really hard to track. Are hard copies tracked and accounted for? Who has access to drafts as they work their way around the building? It also would not surprise me in the least if there were none of these security measures in place.

In any case, unless I have missed it, I haven't seen any talking heads on TV discussing this. I have heard that former clerks have a listserv - maybe the were directed to or decided amongst themselves not to discuss procedures publicly.[/quote]

There is no general listserve for former clerks.  Maybe there is for more recent years.  Clerks who clerked for a particular justice tend to have a communication method, as they will do reunions periodically with the justice.  And clerks that clerked the same year tend to have a way to communicate.  My info  isn’t current but none of those security protocols were in place years ago….the justices depend greatly on the discretion of their clerks.  Most clerks don’t even like to tell stories about their justices until they have passed on.  Personally, I think the whole clerk system falls apart is the judges can’t trust the clerks to be discrete.  I think the leak is pretty awful and won’t change anything …. Except maybe it gives D candidates a little more time to fundraise.[/quote]

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