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Supreme Court

"The Biggest Scandal Here Is In Fact the Leaks Themselves"

The leak of internal Supreme Court memos could affect how the Court operates.

Jonathan H. Adler | 4.20.2026 12:06 PM

Over at Divided Argument, Will Baude comments on the NYT release of internal Supreme Court memos concerning whether to stay the Obama EPA's Clean Power Plan. I largely concur with Baude's assessment.

One point he makes is worth expanding upon. As I noted Saturday, the documents largely confirm what educated observers already suspected about the Court's decision.  Baude writes:

the biggest scandal here is in fact the leaks themselves. Supreme Court leaks like these — including copies of confidential........

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