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by LiquidSky 1253 days ago
>I hope that they can get some _sense_ of security again so that they feel the freedom to be as open-minded as possible in figuring out the cases before them.

This presumes that the leaker wasn't one of the Justices themselves, when it almost certainly was.

1 comments

Sorry if this is a dumb question -- but what would be the motive for a sitting justice to leak a draft?

To test what celebrations or outrage would happen in the streets, maybe?

If they are that concerned with public opinion -- which they shouldn't be, but say they are -- I would think that would incentivize even stronger efforts to maintain confidentiality and discretion.

(Maybe you didn't suggest that it was intentional, but an accident. Even then I might wonder why someone would let their guard down on this case. Maybe there was so much more work done on one particular case, people get physically tired, etc.)

Judges don't want people to believe public opinion can change decisions. Leaking a draft discourages judges from changing their votes or negotiating other changes.