Where's the Beef?

Almost four months ago the unthinkable happened and the confidentiality of the deliberations of the Supreme Court were violated by a miscreant apparently bent on forcing some of the Justices to change their votes on the Dobbs case. The ploy did not work but the integrity of the Court was badly damaged, perhaps irrevocably.

Chief Justice Roberts claimed the right to conduct an investigation of the leak and to determine who had breached the confidence of every other Justice and clerk in the Court. As of today, September 12, 2022, we still have no information concerning the leaker. As of this date, so far as the public record is concerned, no one has been disciplined, disbarred, or otherwise revealed for the cheat the he or she is. Why?

The Court relies on its reputation perhaps more than either of the other two branches of the federal government. If the Court and its processes are not sacrosanct; if the members of the Court cannot be trusted to keep politics out of their deliberations, the credibility of the Supreme Court will disappear, likely never to be regained. It is common for someone who has been wrongly slandered to complain, “Where can I go to get my reputation back?” That is a legitimate and understandable complaint. But what if the slander is true? Or what if the person or, in this case, institution, has inflicted the wound himself? Where does the Supreme Court go to get its reputation back?

All of this makes it imperative – urgent – that Chief Justice Roberts complete the investigation of the leak; identify the leaker; make certain appropriate discipline is administered; and make all of that public. He owes us that much.

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