New York Times Flips Out Over Supposed New Supreme Court NDAs
Yes, how dare Chief Justice John Roberts try to protect the integrity of our nation’s highest court.
The New York Times revealed that Chief Justice John Roberts issued some new measures to tighten security at the Supreme Court to prevent leaks.
Or, as the NYT frames it, to become more “secretive.”
It takes Jodi Kantor no time to mention that people supposedly want more transparency from SCOTUS:
The chief justice acted after a series of unusual leaks of internal court documents, most notably of the decision overturning the right to abortion, and news reports about ethical lapses by the justices. Trust in the institution was languishing at a historic low. Debate was intensifying over whether the black box institution should be more transparent.
Instead, the chief justice tightened the court’s hold on information. Its employees have long been expected to stay silent about what they witness behind the scenes. But starting that autumn, in a move that has not been previously reported, the chief justice converted what was once a norm into a formal contract, according to five people familiar with the shift.
Over the years, journalists and authors have sought to penetrate the court, and the justices have tried varying methods to guard its secrets. Some generations of clerks, but not others, said they were asked to sign a different kind of confidentiality pledge.
Well, I’m glad Kantor admitted that the reporters try to “penetrate the court.”
Let’s not forget that the Supreme Court has never been secretive. It’s called integrity. It’s called not playing politics.
As Professor Jonathan Turley said after the leak:
We’re living in an age of rage where nothing seems inviolate anymore, no principles seems sacred, and it makes some of us feel almost naive. Even though this is a city that floats on a rolling sea of leaks, the court was always an island of integrity, and most of us didn’t think this day would come. And I’m not too sure why. Maybe it’s because we let hope triumph over experience.
But the court has a long tradition that it would not yield to politics. It would not yield to dirty tricks. Somebody shattered that tradition, and the investigation that will now ensue is going to shatter the culture of the court. It’s going to take a lot to get to the bottom of this. Yes, it’s a small institution. It’s a small number of people that are likely involved. But whoever did this likely took steps to hide their tracks.
Kantor eventually mentions the leak of “a draft of the court’s decision overturning the federal right to abortion.”
Ma’am…that case has a name: Dobbs v. Jackson Women’s Health Organization.
In May 2022, someone leaked the decision, written by Justice Samuel Alito, that overturned Roe v. Wade.
The decision came out on June 24, 2022.
A leak from SCOTUS has never happened before, not even for Obamacare.
This wasn’t just a leak, though, and Kantor knows it.
Kantor and other media people just want exclusives and leaks to be first. They do not care that these decisions affect everyone.
The leak endangered the conservative justices twice. The justices had to have known the psycho pro-baby murder people would target them as soon as the decision came out.
Kantor never mentions the danger the justices faced after the leak.
The psychos targeted their homes:
- Pro-Abortion Activists Hold Crazed Protests At Justices Kavanaugh and Roberts Homes
- Pro-Abortion Activists Target Justice Alito’s Home
- ‘Handmaid’s Tale’ Pro-Abortion Activists Protest Outside Justice Amy Coney Barrett’s House
One man, Nicholas John Roske, stalked Kavanaugh’s house with a weapon.
Roske decided not to enter the house because federal marshals stood outside. He turned himself in.
Prosecutors said that Roske admitted he wanted to kill Kavanaugh.
Roske faced attempted murder charges.
Yeah, Roske, who now supposedly identifies as a female because, of course, only received an eight-year sentence.
Also, leaking an opinion or information about how a justice might vote could ruin everything. What if a justice changes his or her mind? What if the opinion is truly only a draft?
I believe the conservative justices wouldn’t cave, but the leftist justices? I have no doubt they would cave if they even thought about going against their side.
By the way, SCOTUS said the investigation did not find out who leaked the Dobbs opinion.
It’s obviously important to all justices because, as I said before, a leak has never happened before.
Someone leaked the draft unless a person was careless with the copy and left it somewhere.
Well, The New York Times isn’t going to stop trying to “penetrate” SCOTUS. The publication added three more reporters to its SCOTUS beat.
Again with the word secret: “What we’re doing more of is piercing the secrecy of America’s most secretive branch of government. That’s not easy. It also might not be clear to readers why it matters, since it’s the legal decisions in cases that shape society.”
Of course, it all comes down to President Donald Trump:
You’re referring particularly to the nine justices — or to paraphrase President Trump, the nine unelected judges.
KANTOR: They’re making decisions that affect all of our lives. The justices hold these seats for decades — imagine having that much power for 20, 30 years. And yet the court is a locked box. The justices are subject to few of the accountability measures that other high government jobs have — elections, visitor logs, public access to internal records.
They might argue that their transparency comes via arguments and opinions. But they retain total control over what we learn, with no opportunity for citizens or reporters to ask questions about decisions or understand what shapes the rulings. I just reported, in fact, that the chief justice recently tightened the court’s secrecy even further, imposing nondisclosure agreements on employees.
The NDA in the Supreme Court is not a big deal. The code of conduct has always included complete confidentiality and loyalty for law clerks.
The NDA just reinforces tradition and conduct.
We already have problems with activist judges. We don’t need problems with SCOTUS.
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Comments
Are you seriously proposing that were it not for the leak of the Dobbs decision wouldn’t have triggered threats against the conservative justices? The only thing the leak did was advance the threats to an earlier date.
The decision was in the process of being drafted. Killing one or more justices could have altered the final decision.
But advancing the threat meant that someone might decide to change their opinion, write a concurrence that was really a dissent, or water things down.
But none of that happened. The effect of the leak seemed to be locking the draft decision in place.
Should have water boarded everyone until the leaker was identified and then destroyed either that person’s career or any prospects they had of one.
Waterboarded everyone?! Including the justices themselves?! And what about employees who quite reasonably refused such treatment? Fire them for it?!
You’re wrapped too tight for Vietnam — probably wrapped too tight for New Orleans
-Capt Willard
I would have said “caned” but…. 🙂
This isn’t Singapore.
And your point would be? 🙂
Well it’s Singapore that does the caning although I;m guessing you know that.
Back to waterboarding. There are a number of commenters here I’d like to waterboard, I’m not naming any names but there are a couple.
Perhaps you should look up the caning of Charles Sumner in Senate chambers.
Sumner’s caning was during a one-sided fight initiated by his opponent. It was not corporal punishment for a crime (Singapore) or interrogation. Besides it was in the 19th century.
I can think of a number of MA Senators who deserving caning including the present ones, but alas, times have changed.
Interesting that the NYT is suddenly concerned about Judicial power being exercised with effectively zero accountability by a Judge/Justice for decades on end.
“They might argue that their transparency comes via arguments and opinions. But they retain total control over what we learn, with no opportunity for citizens or reporters to ask questions about decisions or understand what shapes the rulings.”
Come on guys, I’ve heard the kinds of questions you like to ask, and the public would be better informed by reading Flip City Magazine. Find another argument. Or use your best one, and just call us Nazis again.
It seems they’ve never read a SCOTUS decision. Many answers to potential questions and at least some understanding can be found in them.
we have already witnessed that the lefty onslaught has changed/forced/altered scotus actions as the fear of violence against pro american decisions will be met with lefty violence
No, we haven’t witnessed that — yet. But the threat of it happening is always there.
Well, Milhouse, you don’t know that “we haven’t witnessed that — yet.” You admit the obvious, that “the threat of it happening is always there.” and that threat may well be enough to change or at least temper some opinions by certain justices. I don’t know that either but I suspect it is true.
you close your eyes and mind to view the world as you want it to be
I choose to deal with the realities as they happen
Name a decision, and cite any evidence that it was influenced by this garbage.
You mean they weren’t requiring NDAs already????? That’s normal in most of the rest of the world. It’s crazy that it wasn’t already in place.
I came here to say this anyway, but I’ll post it as a reply to Irv’s comment.
“The NDA in the Supreme Court is not a big deal. The code of conduct has always included complete confidentiality and loyalty for law clerks.
The NDA just reinforces tradition and conduct.”
When I was a kid my parents never locked the doors to our house or our cars. The social norm made such precautions unnecessary. Now the social norm has shifted. I not only lock my doors on my house and my cars but I have alarm systems.
The Supreme Court thought that they were still living in a nice intellectual neighborhood where honor and loyalty were the norm, but ah, the neighborhood has changed.
The reason why no one, supposedly, yet knows who leaked the Dobbs decision in advance is because 1) SCOTUS investigated itself rather than have the FBI run the investigation, and they really have no one qualified to do any such thing, and 2) Per John Roberts dictat – SCOTUS Justices were NOT to be questioned or considered as potential perpetrators.
Most likely, the leak came either directly from one of the Liberal Justices at the time, or from one of their clerks acting at their direction.
Note that while the “conservative” Justices would have had to go into hiding after the ruling was published, just as they did when it was leaked (because Democrats are Terrorists) the point of the leak was to intimidate them into changing their “vote”.
So, yes, the timing absolutely mattered.
But it didn’t work. The leak locked everyone in place, and the final decision was almost unchanged.
Kantor and other media people just want exclusives and leaks to be first. They do not care that these decisions affect everyone.
No, they also wanted the media to be able to generate a lot of heat and smoke to perhaps discourage the publishing of that decision or to water it down.
This is needed *because* of the leftist judges. The leak undoubtedly came from one of them (I really suspect a KBJ clerk at her order) so the investigation was conducted with unusual kid gloves much like a blind man looking for a light bulb. There *could* not be a guilty party identified, or the leftist corner of the SC would have gone stark raving nuts, and any attempt to punish the leaker would have elicited ten times the screeching, making it impossible for the Chief Justice to maintain order. Making this a legally enforceable NDA takes the responsibility away from the Chief Justice, so it’s not “What should we charge a guilty clerk with?” and turns it into “The NDA says the clerk gets (insert punishment here) for breaking the contract, and that’s it.”
Pedantic but Stephen Breyer was still on the Court when Dobbs was decided.
Yep. Justice Jackson sworn in 30 June, ’22. The Dobbs decision was released on 24 June, ’22 with Kagan, Sotomayor and Breyer dissenting the 6-3 opinion.
The secrecy rules haven’t changed. All that’s changed is that until 2024 they used to trust their clerks’ honesty and sense of honor, so they didn’t see the need for written NDAs. It was understood without having to sign one. Now that trust has been breached, so they’re doing it the way everyone else does, with NDAs.
Without Robert’s, and to a lesser extent Kavanaugh’s and ACB’s, naked political weathervaning these would not be necessary.
In a televised interview a couple of years ago, Alito said he was pretty sure he knew who did it, and then refrained from further elaboration with a constrained and disgusted look on his face.
The clear inference is that a liberal justice orchestrated it, and for the good of the court the matter could not be pursued any further.
My suspicion centers on the wise Latina who has repeatedly displayed a lack of both judicial temperament and mental acumen.
What good is NDA if they won’t do proper investigations?
It is very likely the court knows who did the leaking. Recall that the PDF of decision was leaked.
Across the decades I have worked in the field of page description languages, and the spatial and numeric properties thereof. There is quite of bit of steganographic information in things you might think are anonymous. Recall the CIA idiot Reality Winner, and here leak. Recall the EFF and their explanation of yellow-dot steganography. Those are lightweight, obvious markers.
Want to put identification details of the serial number of the Adobe product, or the MS GUID into a document? Put it in the low order bits of the IEEE-754 floating point numbers in PDF, the ones that describe the position each glyph. Changing the bits below the positioning precision of the rendering device is nominally meaningless…. unless you want to hide data where it cannot be found.
There area several other ways to hide data in PDF. The intellectual barrier to understanding these is pretty darn high. AFAIK, there are only a few dozen of us that have had a hand in this. Very tightly guarded information.
I contacted the court just after the leak and offered to do some analysis, and explained what I would look for. The court never did hire me. So I concluded that the court either knew right away who leaked the data, or did not want to know who leaked the data. OTOH, the court might be corrupt or completely incompetent. Whatever the case is, they did not want me involved.
The most obvious way to leak is to walk out the door with paper. That paper is taken by someone else and they scan it
Did we EVER find out who the Dobbs leaker was?
Shortly after the Dobbs leak an individual employed at the court retired. Had been part of the staff in Roberts office I believe.
I might have added to the above. The individual who retired was married to a DC lawyer. An interesting spouse. That’s where my suspicions are. But just suspicions.
Bingo. Jeffrey Minear retired after 16 years as Roberts’ Chief of Staff. Very suspicious timing.
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