The US Supreme Court: the Most "Leak-Proof" Building in America

Monday, June 25, 2012

Two policemen guard outside the US Supreme Court on the third day of oral arguements over the constitutionality of the Patient Protection and Affordable Care Act on March 28, 2012 in Washington, DC. (Getty)

If the White House is hoping to clamp down on leaks, they might want to take a few tips from their colleagues at the Supreme Court. Not only do we have no idea how the court will rule on the Affordable Care Act, we're not even sure when the decision will be released.  

How do they keep their decisions so secret? Jamal Greene is an associate professor of law at Columbia Law School and former clerk to Justice John Paul Stevens. David Friedman, who also served as a law clerk to Justice John Paul Stevens, is the senior vice president and special counsel for the Boston Red Sox.

Guests:

David M. Friedman and Jamal Greene

Produced by:

Elizabeth Ross

Comments [2]

listener

If Justice Kagen was not passing judgement on Obamacare she would have been the Solicitor General arguing for Obamacare. You think maybe she was preparing a defense for it before her confirmation hearing?
This is the most clear cut example of political and professional conflict of interest in this case and it is completely ignored in the discussion focusing on political influence. Amazing.

So we cannot trust Congress and cannot trust the Supreme Court. Who does that leave as the sole leader of the government who also has a long history of snubbing the US Constitution?
What is that form of government called?

Jun. 25 2012 11:43 AM
Charles

"The White House is trying to clamp down on leaks..."

Says who?

Isn't this the clearest and simplest demonstration that the White House didn't want to prevent the leaks (conveniently, to the Obama-friendly New York Times) about Obama's supposed tough-on-terror insider stories?

Leaks happen for a reason; the leakers either want the news to get out (as seems clearly to be the case with Obama's White House) or they are strongly motivated -- to injure the subject of a negative leak, for instance.

When smart people are motivated to maintain secrets, they can pretty easily keep conficences.

This all points squarely at the fact that the Obama Administration itself was behind its self-serving leaks. Leaks to make Obama look good, at the expense of national security.

Jun. 25 2012 09:13 AM

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