‘WHICH JUSTICE IS THE TRAITOR?’ Supreme Court leaker strikes again, releases ‘secret memos’

Supreme Court justices in 2022

There’s been another leak from the U.S. Supreme Court, which was hit by the same scandal only a few years back when someone – still unidentified and unprosecuted – deliberately fanned the flames of pro-abortion activists across the nation by disclosing a coming decision in Dobbs.

That was the case that overturned the faulty Roe v. Wade opinion that fabricated a federal “right” to abortion back in 1973. That leak immediately raised concerns for the lives of the justices who were voting to reject Roe, as a murderer killing one of them before the decision was released could have change the outcome of the case.

This time, according to a report at Scotusblog, the New York Times was given a series of memos exchanged among the justices in 2016 when the court was addressing Barack Obama’s “Clean Power Plan.”

“The memos reveal the justices’ debate and how they came to their ultimate (and previously unexplained) decision to halt Obama’s program by a 5-4 vote, ‘act[ing] before any other court had addressed the plan’s lawfulness,’” the report said.

Chief Justice John Roberts explained, privately, “I recognize that the posture of this stay request is not typical.” But he said Obama’s new demands to regulate coal-fired plants amounted to “the most expensive regulation ever imposed on the power sector” and was too costly and consequential for the court not to take action.

Leftists complain that was the start of the court’s “shadow docket,” a procedure through which emergency decisions are issued, and they complain because it doesn’t involve “the kind of rigorous debate” normally involved, the report said.

Tom Fitton of Judicial Watch noted it was another leak “obviously designed to undermine, intimidate, and endanger the court. Last time this happened a conservative justice and his family were almost murdered.”

A report at Fox said, back in 2016 the court’s conservatives worried that Obama’s orders were reshaping the power industry without a court review of whether it was lawful.

“Absent a stay, the Clean Power Plan will cause (and is causing) substantial and irreversible reordering of the domestic power sector before this court has an opportunity to review its legality,” Chief Justice John Roberts wrote in one of the memos.

Fox reported, “The Clean Power Plan would have involved the Obama Environmental Protection Agency regulating coal, oil and gas plants under the Clean Air Act. Roberts wrote that without the Supreme Court stepping in, “both the states and private industry will suffer irreparable harm from a rule that is — in my view — highly unlikely to survive.’”

The justices eventually blocked Obama and his plan died because the Democrats soon lost the White House.

Constitutional expert Jonathan Turley said, “Unlike the Dobbs leak (which appeared to be an effort to influence the final opinion), this is a leak about a decade-old case. It had a purely malicious purpose to embarrass or disrupt the Court.”

He said, “The question, again, is the identity of the culprit. There is no reason to assume that the same person was involved in both leaks. Rather, the leaks appear to reflect a deteriorating culture at the Court. After the Dobbs leak, Chief Justice Roberts launched a fruitless investigation through the federal marshals to find the responsible person. The use of the marshals as the lead investigators (rather than the FBI) was criticized at the time. Roberts may have been sensitive to an executive-branch agency rooting around in the highest court of a sister branch.”

He suggested, “The result was the worst possible outcome. The culprit succeeded in both leaking the opinion and evading any accountability. The fact is that the Court’s culture and institutional identity have always been its greatest protection of confidentiality. In a city that floats on a rolling sea of leaks, the Court was an island of integrity and civility. The ‘umpires’ could call balls and strikes without playing the leak game. That culture is fast becoming nothing but a relic in the wake of yet another major leak. For the future of the Court and the faith of the public, Roberts has to set his reservations aside and bring in the FBI to find the culprit. Most importantly, he has to guarantee total transparency in allowing the public to see the results wherever they may lead.”

He cited the obvious breaches of traditional etiquette at the court, in that “Justice Sonia Sotomayor attacked her colleague Brett Kavanaugh as essentially an out-of-touch prig who had never even met an hourly wage worker,” just days earlier.

Further a new book contains an embarrassing account of how Justice Elena Kagan allegedly screamed at Justice Stephen Breyer so loudly before the Dobbs opinion that the “wall was shaking.”

Fox reported Justice Ketanji Jackson “has been among the most vocal dissenters in emergency cases during President Donald Trump’s second term as the president frequently benefits from the fast-paced docket.”

“Last week, Jackson aired her grievances in a different forum, blasting emergency docket decisions during a Yale Law School speech as rushed, ‘scratch-paper musings’ that undermine the high court’s purpose,” the report said.

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