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Reason
Reason
Politics
Josh Blackman

Jeff Rosen and Joan Biskupic Talk About Supreme Court Leaks

Joan Biskupic was a guest on Jeff Rosen's podcast for the National Constitution Center. I transcribed it for everyone who could not commit an entire hour of their time. A few things to highlight.

First, Rosen said that after Bush v. Gore was decided, Justice Ginsburg called him, and said that Justice Kennedy wrote the per curiam opinion (4:37). Rosen was not troubled about this leak at all. The identity of a PC opinion should remain anonymous, and the Court should not disclose confidential information. But RBG proactively volunteered this information.

If I may flash back a moment to the Obamacare litigation. Some conservatives alleged that Rosen may have had a leak of information, and was using that information to influence Chief Justice Roberts. Rosen assured me in an interview for Unprecedented that he did not have any inside information about the case. At least following Bush v. Gore, Rosen got a private phone call from a Justice to divulge personal information. Moreover, Biskupic didn't even note this fact was out-of-the-ordinary. I cannot repeat enough that after Ginsburg's passing, Biskupic's inside information seems to have dried up.

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