Marshal Law
We're back to talk about the big news: the draft of Justice Alito's opinion in Dobbs, and the questions that surround it -- how and why this might have happened, what it means for the Court, and what the Court can do about it.
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Transcript
Will: There have been some. I think [unintelligible pointed this out that I think the result in Roe v. Wade was leaked a week or two before the opinion came out, because a law clerk was talking on a plane. Not recently, that would still be a very big deal if that happened today. But even then, it's not like somebody had the opinion and put it in the paper. This used to happen in the 19th century. As I recall, Justice Curtis' dissents in Dred Scott republished in a bunch of newspapers before the majority opinion came out. Charles River Bridge case. 19th century is different, it's a different media culture, and also, strangely, you can leak an opinion in the newspaper, and a bunch of people still wouldn't know about it if they didn't get that newspaper and stuff. Will: I don’t know. Every time I try to arrange these theories in order from most to least plausible, I'm not satisfied with my arrangement. [unintelligible list. I have some similarly irresponsible theories I'm not even going to share with our listeners.