After a series of leaks, the Supreme Court joins the other branches

The court issued an extraordinary statement the day after the draft opinion was released.

“Judges transmit draft opinions internally as a normal and important part of the court’s confidential discussions,” the statement said. “If the document described in yesterday’s report is true, it does not represent a court decision or represent a member’s final position. On case issues. “

Court negotiations are largely written, with subsequent drafts, exchanges and refinements agreed upon and refined. If this process fails, the quality of court work will only deteriorate.

Alison R. Larson, a law professor at the College of William and Mary, said: “Judges must reason together and defend their position in writing so that opinions can be exchanged and the argument refined.”

“This particular kind of collective decision-making requires inner confidence – the confidence to change your mind, the confidence to receive and spread the basic results, to trust your colleagues to communicate with you in good faith,” he said. “In my view, there is no doubt that this faith has been badly damaged in the last week.”

In fact, the leaked facts are less important than what the courts are going to do in the coming weeks.

“The legal community – judges, law professors, lawyers, other court observers – are fascinated by the subsequent revelations of leaks and draft opinions,” said Tara Lee Grove, a law professor at the University of Alabama. “But I think people are probably more concerned about the actual decision of the court.”

However, considering the future of the stadium, it is difficult to reconcile the two.

Professor Kolb said, “Leaking the absolute opinion is no longer a matter of rules and regulations. The result is everything, damn it. In a way, leaking classified documents is the perfect metaphor for a court’s disregard for privacy.”

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