By now, you should have seen the Politico story that links to a purported majority opinion in Dobbs. Yes, there was a leak. No, I am not going to link to the story. Here are my tentative thoughts.
First, where did the leak come from? Most people are presuming this leak came from someone with access to the opinion, such as a Justice or a clerk. That presumption is probably correct, but it is also possible there was some illegal exfiltration of the document. I don't want to make light of the situation, but a person self-immolated on the steps of the Supreme Court to draw attention to environmental justice. People who are fanatical about abortion may go to great lengths to support their cause.
Second, Roberts has an absolute obligation to conduct a thorough and transparent investigation. And at the end of that investigation, Roberts must publicly identify the persons who are responsible for this leak--that includes Justices and clerks. Heads must roll. Clerks cannot fall on their swords to save their bosses. Anyone implicated in Leakgate (yes, I dubbed a term) should be referred to the Department of Justice for potential criminal activity, including theft of government property. And now there may actually be a need for impeachment proceedings. If Roberts cannot resolve this situation, he must resign. Yes, I said he should resign two years ago, but now I really mean it. A resignation would mean giving Biden another Supreme Court nomination. So be it. I don't care. Roberts has been an utterly ineffective Chief, who will never fill the shoes of his predecessor, Chief Justice Rehnquist. It's time to hang 'em up, Johnny. Not even Warren Burger presided over such a dysfunctional building. Can anyone say Chief Justice Garland?
