Saturday, November 19, 2022

SCOTUS Standards

 NYTimes reports on a letter sent to Chief Justice Roberts claiming a leak of the decision in 2014 in the Hobby-Lobby case.  Although the writer relates it to the leak of the Dobbs draft decision this year, I don't see it as such.  I'm sure over the years justices have told friends and relatives which way a decision went, before the release of the opinion. Speculation on the Dobbs decision focused on whether it was an attempt to freeze or change the decision: a different thing.

What's concerning is the efforts to lobby the justices by becoming friends, efforts which Roberts and Justice Kennedy rebuffed, but Scalia and Thomas were open to. But I don't know where you draw the line; I can't expect justices never to make friends with interests which will come before the court.  The friendship of RBG and Nina Tottenberg is an example: while she claims  to be an objective reporter, it's clear to anyone where her sympathies lie.  

So what's the standards Kennedy and Roberts used? 

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