06/24/12: The New Republic features an essay by Harvard law professor Jack Goldsmith contrasting the recent spate of intelligence leaks (arguably more like floods or geysers) from the intelligence community with the complete secrecy that still prevails at the United States Supreme Court, even as the whole country awaits the Court's ruling next week on the constitutionality of the Patient Protection and Affordable Care Act. Indeed, not since 1986 has a news outlet reported a Supreme Court decision before the Court released it. Goldsmith points out that in the Court there are far fewer people who know things and thus less opportunity for information to leak, but moreover, he concludes, the contrast can best be explained by the vast difference in incentives for leaking in the two institutions.
Commentary: Why SCOTUS leaks less than the CIA
06/24/12: The New Republic features an essay by Harvard law professor Jack Goldsmith contrasting the recent spate of intelligence leaks (arguably more like floods or geysers) from the intelligence community with the complete secrecy that still prevails at the United States Supreme Court, even as the whole country awaits the Court's ruling next week on the constitutionality of the Patient Protection and Affordable Care Act. Indeed, not since 1986 has a news outlet reported a Supreme Court decision before the Court released it. Goldsmith points out that in the Court there are far fewer people who know things and thus less opportunity for information to leak, but moreover, he concludes, the contrast can best be explained by the vast difference in incentives for leaking in the two institutions.
June 24, 2012 at 02:30 PM in Judiciary / Cases, Executive Branch, Intelligence, Politics, Secrecy / Transparency / FOIA, Commentary / Opinion | Permalink