SCOTUS Leak. A Mistake? I Don’t Think So
Give-and-take is important at the Supreme Court.
Although most decisions are unanimous, the Court routinely seeks consensus even on controversial issues.
The leaked abortion ban decision appears complete and appears to be a win for the liberal justices who staunchly oppose what they consider an extreme ban. The leak smells like a signal to liberals that the liberal justices have not abandoned them despite the deluge of solid conservative decisions that will land in the coming days. A mistake? I don’t think so.
I expect that the Justices are openly talking about the pitchforks and torches that will descend on either camp in the coming week and how to prevent an attack on their overall legitimacy.
What does this say about some of the other decisions ready to be launched by the Court into the fray?
It's quite possible that some horse trading has occurred, spelling a potential win for Donald Trump on immunity or the still pending Fischer v. United States opinion, which will have an equally beneficial impact for Trump and 800 January 6thDefendants. At least one good outcome for Trump here is all but guaranteed.
The remaining opinions are some of the most important and controversial in decades and all decisions that are highly politically charged and are consistent with a conservative agenda to limit Federal power, unravel agency power, and halt the January 6th investigation.
Jarkesy, Relentless, Bright, Ohio v. EPA may cripple the power of administrative agencies.
Fischer could cause dismissal of hundreds of convictions of January 6th defendants.
NetChoice may change social media censorship for all Americans and could trigger Trump administration investigations into the 2020 Biden campaign.
Murthy might cause further complications for Biden and suppression of free speech during the covid-19 pandemic.
Snyder is a further erosion of Federal power by confining corruption prosecutions to certain facts.
Hold on tight, this is going to be an interesting ride and the fallout will determine the next president.
