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Thursday, June 28, 2012
More thoughts of others
Rick Hasen here. Also, SCOTUSBlog is hosting a day-long blog symposium; it is still in live-blog mode, but they are providing links.
Posted by Howard Wasserman on June 28, 2012 at 12:23 PM in Constitutional thoughts, Howard Wasserman | Permalink
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I find Rick's final question most intriguing: if there was actually a leak about Roberts' potential unwillingness to strike down the law, where did it come from? It brings to mind Ethan's post from last week (http://prawfsblawg.blogs.com/prawfsblawg/2012/06/are-clerks-really-that-discreet.html) and Jeff's response to it (http://prawfsblawg.blogs.com/prawfsblawg/2012/06/the-first-second-and-third-laws-of-rumor.html). Assuming momentarily that there was in fact a leak, was it likely to be a clerk? If so, from who's chambers? Perhaps a disgruntled Roberts clerk, but that seems like rather extreme behavior. So, maybe from the chambers of one of the justices in dissent? Or, might it have been one of the justices themselves, speaking off the record? Given some of Justice Scalia's recent actions, is it going to far to suggest that he might have leaked this himself to increase pressure on the Chief Justice to declare the ACA unconstitutional?
FWIW, I doubt the leak came from the "liberal" side of the Court, since it would not be in there interests to do anything that might encourage Roberts to switch sides (again?).
Posted by: Charles Paul Hoffman | Jun 28, 2012 1:00:29 PM
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