My guess is that someone on the left felt somewhat justified in releasing the opinion in response. Through the opinion, one would see what the Journal was saying Kavanaugh and Barrett were considering. That leak was a historically unprecedented violation of the deepest and most solemn trust among the justices and the court’s staff. It wounded the institution.
This is certainly possible. (I mean, anything’s possible.) And while I’m fairly confident in my opinion, Goldstein certainly knows the Court far better than I do. What is notable to me though is that we seem to be moving towards a broader consensus that there were a series of leaks. And thus, to the extent there was some breakdown in the function and norms of the Court, it went far beyond just the leak of the opinion draft to Politico.
Gosh, it’s almost like popular vote losing presidents putting right wing fascist ideologues on the court instead of qualified, tested, respected jurists has made the court just another corrupted political body that behaves like any other corrupted political body.
Gosh. Who ever could have seen this coming.
(via wilwheaton)














