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How rare is it for leaks to come out of the Supreme Court?

How rare is it for leaks to come out of the Supreme Court?
politico this evening published *** report of *** purported leaked an opinion in *** Supreme Court case. The case is an abortion case and it has been argued in the fall. The report in Politico says *** majority of Supreme Court justices had thrown their support behind overturning the 1973 Roe vs wade case that legalized abortion nationwide. This comes with many caveats. It's unclear if the draft is authentic. The Associated Press has not been able to confirm the authenticity of the draft and it's unclear if the draft is authentic, if this represents the court's final word on the matter, politicos document that they published of the draft opinion says that this was *** version circulated in february and obviously votes may have changed since then and *** draft opinion is just that *** draft opinion and so votes could change wording can change. All of those things could change before the court issues an opinion. The Supreme Court is known as an institution that does not leak. The clerks who work with the justices sign *** an oath that um promises that they won't divulge secrets um of the process. And there there is *** very, very small group of people that would be in *** position to see *** draft opinion um and leak it
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How rare is it for leaks to come out of the Supreme Court?
The Supreme Court keeps secrets. Year after year, in major case after major case, there's little beyond what the justices say during oral arguments that suggests how they will rule until they actually do.That is, apparently, until Monday evening when Politico published what it said is a draft of an opinion in a major abortion case that was argued in the fall. While there have, on very rare occasions, been leaks of the outcomes in cases, the publication of an apparent draft running nearly 100 pages was without an evident modern parallel.The draft says that a majority of the court is prepared to overrule the landmark 1973 decision, Roe v. Wade, that legalized abortion nationwide. A decision in the case had been expected before the court begins its summer recess in late June or early July, so it could be more than a month before the court actually issues a final opinion. If the court does what the draft suggests, the ruling would upend a nearly 50-year-old decision; its advance publication would also disturb an almost unbroken tradition of secrecy at the court.The document posted by Politico, which The Associated Press could not independently verify but which some court watchers said appeared legitimate, says the court's opinion is delivered by Justice Samuel Alito. It also says the draft was distributed to other members of the court in February. Alito is a member of the court鈥檚 six-justice conservative majority.Lawyers and others who watch the court closely were shocked. Neal Katyal, who has argued dozens of cases before the court and as a young lawyer worked for Justice Stephen Breyer, compared the apparent leak to The New York Times' 1971 publication of the government鈥檚 secret history of the Vietnam War, known as the Pentagon Papers.鈥淭his is the equivalent of the pentagon papers leak, but at the Supreme Court. I鈥檓 pretty sure there has never ever been such a leak. And certainly not in the years I鈥檝e been following the Supreme Court," Katyal wrote on Twitter.Part of the reason the Supreme Court has historically been so leak-proof is that only a handful of people have access to decisions before they're published. That includes the justices themselves and the small group of people who work for them. The justices' clerks, young lawyers who work for the justices for a year and who would be among those who could see a draft opinion, sign pledges of confidentiality.Still, there have been leaks before, though not of the apparent magnitude of the document posted by Politico. In 1973, for example, Time magazine's David Beckwith reported on the outcome of Roe v. Wade before the decision was published. But because the magazine was a weekly, Beckwith's scoop arrived just hours before the decision was made public.And in the late 1970s, ABC's Tim O'Brien had a half a dozen scoops on rulings. The reports both astonished and upset the justices, according to a book by Barrett McGurn, the court's former public information officer. It was unclear where O'Brien was getting his information, though then-Chief Justice Warren Burger suspected someone in the court's print shop, who would have had access to the rulings.It was similarly unclear who might have leaked the apparent draft to Politico or what their motivations might be. The news outlet said only that it had 鈥渞eceived a copy of the draft opinion from a person familiar with the court鈥檚 proceedings ... along with other details supporting the authenticity of the document.鈥漊niversity of Georgia professor Jonathan Peters, who has written about leaks at the court, has noted that Roe isn't the only high-profile case where there's been a leak. The New York Tribune, for example, published a 鈥渞unning account of the court鈥檚 deliberations in Dred Scott,鈥� the infamous 1857 decision that declared African Americans couldn鈥檛 be citizens.鈥淪upreme Court leaks are rare, but they are hardly unprecedented,鈥� Peters wrote in 2012. 鈥淭he court, just like our other public institutions, is made up of political animals. We shouldn鈥檛 be shocked when they act that way.鈥�

The Supreme Court keeps secrets. Year after year, in major case after major case, there's little beyond what the justices say during oral arguments that suggests how they will rule until they actually do.

That is, apparently, until Monday evening when Politico published what it said is a draft of an opinion in a major abortion case that was argued in the fall. While there have, on very rare occasions, been leaks of the outcomes in cases, the publication of an apparent draft running nearly 100 pages was without an evident modern parallel.

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The draft says that a majority of the court is prepared to overrule the landmark 1973 decision, Roe v. Wade, that legalized abortion nationwide. A decision in the case had been expected before the court begins its summer recess in late June or early July, so it could be more than a month before the court actually issues a final opinion. If the court does what the draft suggests, the ruling would upend a nearly 50-year-old decision; its advance publication would also disturb an almost unbroken tradition of secrecy at the court.

The document posted by Politico, which The Associated Press could not independently verify but which some court watchers said appeared legitimate, says the court's opinion is delivered by Justice Samuel Alito. It also says the draft was distributed to other members of the court in February. Alito is a member of the court鈥檚 six-justice conservative majority.

Lawyers and others who watch the court closely were shocked. Neal Katyal, who has argued dozens of cases before the court and as a young lawyer worked for Justice Stephen Breyer, compared the apparent leak to The New York Times' 1971 publication of the government鈥檚 secret history of the Vietnam War, known as the Pentagon Papers.

鈥淭his is the equivalent of the pentagon papers leak, but at the Supreme Court. I鈥檓 pretty sure there has never ever been such a leak. And certainly not in the years I鈥檝e been following the Supreme Court," Katyal wrote on Twitter.

Part of the reason the Supreme Court has historically been so leak-proof is that only a handful of people have access to decisions before they're published. That includes the justices themselves and the small group of people who work for them. The justices' clerks, young lawyers who work for the justices for a year and who would be among those who could see a draft opinion, sign pledges of confidentiality.

Still, there have been leaks before, though not of the apparent magnitude of the document posted by Politico. In 1973, for example, Time magazine's David Beckwith reported on the outcome of Roe v. Wade before the decision was published. But because the magazine was a weekly, Beckwith's scoop arrived just hours before the decision was made public.

And in the late 1970s, ABC's Tim O'Brien had a half a dozen scoops on rulings. The reports both astonished and upset the justices, according to a book by Barrett McGurn, the court's former public information officer. It was unclear where O'Brien was getting his information, though then-Chief Justice Warren Burger suspected someone in the court's print shop, who would have had access to the rulings.

It was similarly unclear who might have leaked the apparent draft to Politico or what their motivations might be. The news outlet said only that it had 鈥渞eceived a copy of the draft opinion from a person familiar with the court鈥檚 proceedings ... along with other details supporting the authenticity of the document.鈥�

University of Georgia professor Jonathan Peters, who has written about leaks at the court, has noted that Roe isn't the only high-profile case where there's been a leak. The New York Tribune, for example, published a 鈥渞unning account of the court鈥檚 deliberations in Dred Scott,鈥� the infamous 1857 decision that declared African Americans couldn鈥檛 be citizens.

鈥淪upreme Court leaks are rare, but they are hardly unprecedented,鈥� . 鈥淭he court, just like our other public institutions, is made up of political animals. We shouldn鈥檛 be shocked when they act that way.鈥�