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NINOMANIA

:: 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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(I agree, and commented here.)


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    [::..archive..::]
    ::

    :: Tuesday, July 03, 2012 ::
    Who leaked?

    It's still only speculation, but Time Magazine blogger Adam Sorensen offers here some good reasons to think it was not clerks who leaked details of the Obamacare case (NFIB v. Sebelius) deliberations to reporter Jan Crawford, but could only have been one (perhaps more) of the Justices themselves. And since AMK's role as last-ditch defender of the unconstitutionality of Obamacare, and his efforts to keep the Chief on-side, figure prominently in the leaks, well.... Also it was a (visibly angry, they say) AMK who read the dissent from the bench, despite its being a joint product with many Scalia touches.

    Furthermore, it's hard to imagine any of the other three leaking. Scalia would fob a reporter off with a quip. Alito would act (and be) shy. Thomas, for all I know and as I may well guess, has his staff direct all press calls to a dedicated line with a rude message and a journo joke.

    This is not the occasion to write about Justice Kennedy's previously-evidenced fondness for the media limelight -- because if the facts are as they are turning out, he acted in part because he was facing a mammoth attempt to outdo him in that regard. (And in part, b/c he was just plain right about the Constitution.)

    As Time writer Sorensen notes: "We tried to talk him out of it, but President Obama and the liberal New York Times were just too powerful is not a narrative I imagine Roberts would endorse." Surely not, but that, and not "wise judicial statesman Roberts rises above partisanship," is going to be the narrative he gets. Say this much for AMK -- he shouldn't play the media, but at least when he does, he plays 'em right.

    :: David M. Wagner 8:43 PM [+] ::
    ...

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