I noted earlier that Justice Alito did not speak to the Fifth Circuit Judicial Conference. As a result, the conference organizers had to shuffle the schedule. We were treated to a presentation from an expert on cyber-security. She discussed at some length how the goal of foreign hacks is to sow discord in our polity. For example, cyber units would deliberately schedule protests for Black Lives Matter and Blue Lives Matter at the same time and in the same location. The goal was to foment division, and perhaps, create a violent confrontation. While watching this fascinating presentation, a thought jumped into my head: What if the Supreme Court leak came from a foreign hack?
Again, there is no strategic reason to leak the draft as a means to change votes. The Wall Street Journal already got the message out that the Chief Justice was trying to "turn" votes. (Josh Marshall at TPM credits my early speculation.) The leaked opinion did not augment the WSJ editorial. What would the conservatives gain from going beyond that leak, and giving the entire draft opinion to Politico?
And a liberal leak to shift votes makes no sense. A liberal leak, if anything, locks in the five members of the majority. The only theory that makes sense to me is that the leaker was trying to destroy the Supreme Court--the Flight 93 Leak, I suggested. It is possible a rogue liberal clerk decided to burn the Supreme Court down. On balance, I still cannot believe a Supreme Court clerk--no matter how woke--would try to destroy the Supreme Court. The Elect are an elite and selective club. They look out for each other. This leak has now transformed every clerk into a suspect. No one will trust each other. One First Street will soon resemble The Monsters Are Due On Maple Street. Self-immolation is not in the clerk handbook.
