Recently, a letter from the legendary baseball player and manager Ted Williams to Angels outfielder Jay Johnston resurfaced. In it, Williams advised, “If you get two strikes, just protect your at-bat.” This advice resonated this week amidst yet another leak of classified information within the Supreme Court. For Chief Justice John Roberts, it’s a stark reminder to guard his position during these turbulent times.
Roberts has a penchant for baseball metaphors. During his confirmation, he compared judges to umpires, stating, “Umpires don’t make the rules; they apply them. No one attends a ballgame to watch the umpires.” And yet, the reality is that judges are not just interpreting laws, but also setting precedents and maintaining the court’s overall functioning, though this is increasingly under threat.
Simultaneously, Justice Sonia Sotomayor criticized her colleague, Brett Kavanaugh, calling him an elitist who had never interacted with everyday workers. Such remarks are unwarranted and stray from the expected decorum of the court. Later, the mayor publicly apologized for the outburst.
Molly Hemingway’s upcoming book sheds light on Justice Elena Kagan’s alleged outburst at Justice Stephen Breyer during a deliberation. It’s suggested that Kagan was frustrated with Breyer seeking input from opposing viewpoints for a final opinion on a matter that heightened her colleagues’ concerns after a previous leak.
Despite its vow of secrecy and impartiality, the court’s internal culture seems increasingly partisan and fragmented. Notably, the public seems to be drawn to the courtroom more to witness these conflicts than to observe justice being served.
The latest leak reportedly emerged from the New York Times, which included internal memos about various justices’ concerns regarding the Environmental Protection Agency’s regulatory practices. This comes in the wake of Justice Ketanji Brown Jackson’s critical speech accusing conservative judges of making decisions with shadow documents, lacking rationality.
The memos reveal worries that the EPA is leveraging ongoing lawsuits to impose burdensome regulations on utilities, even after a ruling that suggested otherwise. Roberts highlighted that the absence of a stay has enabled the EPA to push through regulations deemed illegal. This situation raises alarm bells for Roberts, echoing issues from previous leaks which appeared meant to embarrass the court.
It’s troubling that the identity of the leaker remains unknown. It doesn’t appear that the same individual was responsible for both breaches, suggesting a deeper issue with the court’s atmosphere. After the Dobbs leak, Roberts initiated an investigation through U.S. Marshals rather than the FBI, which raised eyebrows given the gravity of the situation.
The core issue is that trust in the court’s confidentiality has been eroded. What was once a bastion of civility appears to be fading away, especially after this significant breach. To restore public trust and ensure accountability, it’s crucial for Roberts to abandon his hesitancy and enlist the FBI’s help in tracking down the leaker.
