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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Monday, July 02, 2012 ::
    Good news, of a sort: I'm not right all the time. What a burden to set down. On May 23 I wrote that the campaign to make Roberts switch his vote by scaring him with threats of damage to his "historical reputation" and what-not -- this campaign was blisteringly obvious at the time -- wouldn't work.

    Silly me.  And, once again, apologies to Justice Kennedy! 

    Thanks to illegal and immoral leaks from judicial clerks (who else could the sources possibly be?), ace Supreme Court reporter Jan Crawford, the thinking man's Linda Greenhouse, has revealed that CJ Roberts changed his mind not at the last minute (as I erroneously speculated, tho' not without foundation), but earlier in the process; likely in early May, while working on what would have been a 5-4 opinion for the Court striking down Obamacare.

    (In partial defense of my damaged claims to infallibility, I did write in my June 29 post, which was before Ms. Crawford's reporting: "In short, the Court got zilch, or worse - it got, as a fact on the ground, the principle that a campaign of threats against its 'legitimacy' (whatever that means) in the elite press can actually change outcomes.")

    Now we turn to Sen. Patrick Leahy, D-Vt., Chairman of the Judiciary Committee and indefatigable liberal activist. Sen. Leahy gave a speech on May 14 entirely targeted at the Chief. Not at Justice Kennedy, whom everyone thought would be the waverer if there were one, but exclusively at Roberts.

    What did Leahy know, and when did he know it?

    :: David M. Wagner 10:01 AM [+] ::

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