Thursday, January 19, 2023

About the Supremes’ Leak

It is widely reported today that the Supreme Court has released the report of their top cop, the Marshall, concerning the leak to Politico of a rough draft of the Dobbs decision that subsequently overturned Roe v. Wade. The report says the Court’s investigators were unable to determine the identity of the leaker.

This isn’t good news. The investigators as much as say it was a SCOTUS employee or justice who did the deed. The announcement means SCOTUS goes forward knowing it cannot trust its people to maintain confidentiality.

The leaker is probably still in the building, and may leak again. The report suggests whoever did the leak was extremely careful not to leave a trail. It sounds like espionage-level steps were employed to disguise the sources, I’m imagining burner phones and dead drops.

The result will likely be imposition of new, onerous security measures that will make working there less attractive than formerly. Access to documents, printers, and places where a memory stick can be plugged in will likely be controlled much more stringently than was the case before the leak. 

Does anybody want to raise the question of why those who use information they know is stolen cannot be prosecuted for abetting theft? Maybe this will cause the Justices to reconsider the issue?