"The memos, exchanged over five days in February 2016 as the justices scrambled to kneecap President Obama's Clean Power Plan, are a remarkable window into how this institution actually works. Or rather, how sloppily it works when it wants to reach a predetermined result."
"Roberts applied the wrong legal standard, ignored the other side of the equities entirely, cited a BBC interview and a blog post as his 'facts,' and then steamrolled his colleagues when Justices Breyer and Kagan proposed reasonable compromises."
"The conservative legal commentariat's response to all of this? Never mind the substance. WHO LEAKED IT?"
"We watched this entire movie play out with the Dobbs leak. The reaction from the legal establishment was to be 'way more offended by the leak than by the content.'"
Leaked internal memos from six Supreme Court justices expose Chief Justice John Roberts' role in establishing the shadow docket. These documents, exchanged in February 2016, illustrate the Court's internal workings and its tendency to prioritize predetermined outcomes over thorough deliberation. Professor Steve Vladeck criticized Roberts for applying incorrect legal standards and disregarding opposing viewpoints. The legal community's focus shifted from the substance of the memos to concerns about the leak itself, echoing past reactions to similar disclosures, such as the Dobbs leak regarding Roe v. Wade.
Read at Above the Law
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