I have been informed – by people who actually know this stuff, intimately – that the judges will gather together, indicate how they intend to vote on this decision (non-binding), and then proceed to start up with writing the opinions themselves.
I have also been informed that the first law about knowing Supreme Court decisions in advance is that you do not talk about Supreme Court decisions in advance; and that the second law about knowing Supreme Court decisions in advance is that YOU DO NOT TALK ABOUT SUPREME COURT DECISIONS IN ADVANCE. The reaction that I’m seeing, from my colleagues and friends who follow the Supreme Court, at the very idea that a decision could be leaked ahead of time is… repugnance. Apparently that sort of thing is simply not done. It’s wrong. Dirty.
So I figure that it’s sixty/forty that somebody on the inside will tattle to the administration by the end of the week.
Mickey Kaus was having those thoughts today, too.
I’d be stunned. Think about it, have you ever heard of a SCOTUS decision being leaked ahead of time??
The wise Latina will get the word out within half an hour of the conference.
I was figuring Kagan would talk to the folks who she helped prepare for the case. Since, you know, her lack of recusal indicates a complete lack of any ethics.
I’d honestly be surprised if it isn’t leaked ahead of time.