The White House and the lapdog media have an unusually depressed, belligerent tone when it comes to the upcoming opinion on Obama Care. They’re even more depressed than they should be given the pathetic showing their case (not their lawyer, but their case) made during oral argument. Put another way, it’s hard to believe that, after two years of intellectual denial, they can’t also deny away a single day of bad argument. Their malaise is due to something greater than one bad day.
This bizarre black cloud leads at least one Supreme Court observe to suspect that the unthinkable happened — the formerly leak-proof Supreme Court leaked (emphasis mine):
It doesn’t take a Washington insider to suspect that the White House has a back channel to the Supreme Court, knows how the justices have come down in the Obamacare case and has learned, from the Obama point of view, the news isn’t good.
The president’s defiance and what appeared to be his campaign of intimidation targeting the justices has morphed into barely concealed resignation over the last seven days.
That widely noted New York Times story of the weekend is a case in point. It detailed how the smartest crowd (hasn’t the MSM assured us of it) that has ever inhabited the nation’s Executive Mansion failed ever seriously to consider that seizing control over one-seventh of the American economy and forcing every American to buy a commercial product might, just might, run afoul of our constitution of liberty.
At Power Line, where I first stumbled across this leak theory, Steven Hayward points out that, in the past, a combination of judicial discipline and law clerk career fear kept the Court silent:
Why is the Supreme Court better than the intelligence community at keeping secrets? The nine justices are disciplined enough, but what about their clerks, who surely have night lives, close friends, etc.? Possibly the problem of ruining their promising subsequent legal careers (and the not insubstantial ethics clearance they might blow by leaking) explains it, but it is still a marvel that the Court’s decorum has held for this extraordinary case.
I’ve known former Supreme Court clerks and, yes, their eye is on their future career. They are not the type of people who would carelessly jettison that future. But there is someone on the Supreme Court whose future is already assured, who has proven herself to be a shill to the monied powers, who once worked hand-in-glove with this White House, and who is a total Progressive ideologue, who has regular placed politics against principle. She’s also a newbie, which would explain why I’m not talking about Justice Ginsburg, who has kept mum during her tenure. Yes, Elena Kagan, I’m talking about you.
This is pure speculation. I’ll never be able to prove it. Nevertheless, if there is a leak, which is a guess, I’m further guessing that Kagan is the leaker.