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Reason
Reason
Politics
Eugene Volokh

Libel to Lay Out Facts About Law Clerk's Writings and Associations, and Say Clerk Is Thus Likely the Leaker?

@WillChamberlain, "Senior Counsel at @The_IAP, the @Article3Project, and @UnsilencedOrg," tweeted the name of a law clerk at the Supreme Court and said that, "in my humble opinion, she's the most likely person to have leaked the draft Supreme Court opinion in Dobbs, purporting to overturn Roe v. Wade." He wrote, in the second tweet in the thread,

I have no inside information. This thread is speculation, based almost entirely on publicly available information. I could easily be wrong.

And then in follow-on tweets in the thread, he pointed to her various credentials, publications, past jobs, and a family member's connection with Josh Gerstein, one of the Politico reporters who broke the story of the leaked draft. Say Chamberlain is mistaken; could the clerk successfully sue him for libel? (Note that I think that public accusations based on such conjecture are dangerous and unfair, especially when there's an investigation that is likely to be comprehensive and effective, and that will likely identify the culprit much more reliably; but I'm dealing here with the legal issue, not the ethical one.)

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