David Bozell: Alright, let's talk about the leak itself. Now, I heard a guy on Breitbart's radio show this morning on Sirius. He called in and he said... he was absolutely right. He said that Chief Justice John Roberts should convene a meeting of any and all staffers, law clerks, anybody who might have had access to Samuel Alito's opinion draft. And just tell them, "Listen, you've got until the end of the day to confess or you're all out of here." And that's the way any sort of high school would deal with a cheating scandal in its ranks or something like that. Who did it? If they can't figure out who did it, everybody suffers.
So they should, because first off, I can't remember any decision from the Supreme Court in recent memory that's ever been leaked before. And I can hear the fact checkers in my mind, "There was something... there was a leak back in 1919, so there's precedence for this."
Well, okay, fine. But in recent memory, in the modern era, this has not happened. I can't remember of it happening from any court on any level. Not to be confused with speculation. There's all sorts of speculation as to how a judge in any case might rule. But I can't remember any decision, any opinion that was written by a judge being released to the public prior to the judge doing it at any level.
So this is scary stuff, and it definitely raises credibility questions as to the integrity of the Court, the Supreme Court. And you could see if John Roberts, who's the Chief Justice, if he lets this stand, if no one suffers any consequences, you can see leaks on all sorts of different things.
Remember a couple months ago where it was "leaked" to, I think The New York Times, maybe the Associated Press. I can't remember which. May have been Poliltico who was the rag that got this, that, Sotomayor, Judge Sotomayor, was ticked off that Judge Gorsuch was not wearing a mask during proceedings. And then John Roberts had to put out a statement saying that that wasn't true and everybody gets along and pay no attention.
So, a lot of people pointing to that because there's a lot of speculation in the Twitter world, in Elon Musk's Twitter, that it did come from Sotomayor. Now, there's a name floating out there. I won't mention it because it's not really important, and I don't want to gaslight the guy or girl. I don't even know what gender they are. But there's a name floating out there and it would make some sense. Now, why? Why would it be leaked? Well, there's a lot of reasons why.
There's only really one reason not to, which is you don't want to put your fellow justices in harm's way. There's already barricades surrounding the Supreme Court. There was barricades put up within minutes, and you don't want to destroy the legitimacy, the supposed legitimacy of the Supreme Court. That's really the only reason not to. If you're weighing pros and cons, if you were interested in leaking this and you had to weigh your pros and cons, those would be the big cons.
But the pros again, if you wanted this out, if you wanted to affect the decision, the pros outweigh the cons. It puts pressure on the justices. It puts pressure on one of them to change their mind. They can still change their mind until the decision is released. They can still change their mind.
It's been widely reported that Roberts was against Obamacare before he was for it, at the last minute due to public pressure and even inside pressure. That's rumored and reported. So, that would be one reason to do it. You would put enormous public relations pressure on the entirety of the Court to find someone to change their mind in the next couple of months to not sign onto Alito's opinion.