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United States Privacy Your Rights Online

Supreme Court Leak Investigation Heats Up as Clerks Are Asked For Phone Records in Unprecedented Move (cnn.com) 343

Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks to provide cell phone records and sign affidavits, three sources with knowledge of the efforts have told CNN. From the report: Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel. The court's moves are unprecedented and the most striking development to date in the investigation into who might have provided Politico with the draft opinion it published on May 2. The probe has intensified the already high tensions at the Supreme Court, where the conservative majority is poised to roll back a half-century of abortion rights and privacy protections. Chief Justice John Roberts met with law clerks as a group after the breach, CNN has learned, but it is not known whether any systematic individual interviews have occurred.

Lawyers outside the court who have become aware of the new inquiries related to cell phone details warn of potential intrusiveness on clerks' personal activities, irrespective of any disclosure to the news media, and say they may feel the need to obtain independent counsel. "That's what similarly situated individuals would do in virtually any other government investigation," said one appellate lawyer with experience in investigations and knowledge of the new demands on law clerks. "It would be hypocritical for the Supreme Court to prevent its own employees from taking advantage of that fundamental legal protection." Sources familiar with efforts underway say the exact language of the affidavits or the intended scope of that cell phone search -- content or time period covered -- is not yet clear.

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Supreme Court Leak Investigation Heats Up as Clerks Are Asked For Phone Records in Unprecedented Move

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  • by rsilvergun ( 571051 ) on Tuesday May 31, 2022 @09:58AM (#62579734)
    Fixed the headline for you there...

    Remember guys Roe v Wade wasn't about abortion it was about privacy. Do you like cryptography? Do you like having secure communications the government can't ease drop on using back doors? All those privacy protections rest on the same legal foundations as Roe versus Wade. Once we tear down those legal protections we lose 70 years of privacy laws.

    Longer in fact because in order to justify tearing down a clear and obvious legal precedent for political reasons the court has had to reach back to the 16 and 1700s and to somebody who literally sentenced women to death for witchcraft. They've had to go back to legal justifications that predate the Constitution and make flimsy excuses about why those legal justifications have any bearing on the thoughts and writings of the founding fathers.

    In short, to overturn a precedent as well as supported as Roe they're going to have to wreck our entire legal system and all of your privacy protections that come with it. Opening the floodgates to the government spying on you using mandatory back doors in all your devices. Buckle up guys it's going to be a bumpy ride
    • A quick overview for people in a hurry:
      https://en.wikipedia.org/wiki/... [wikipedia.org]
      It mentions the privacy-related cases that led up to Roe.

    • Re: (Score:3, Informative)

      by justme321 ( 9912608 )
      If you read the leaked opinion, it lays out a convincing legal case that the constitution doesn't guarantee (the inferred) right to privacy as it relates to the specific case of abortion. Even Ruth Bader Ginsburg said that the Roe v. Wade opinion was legally problematic. The supreme court is not supposed to rule based on public opinion, the way they want things to go, problems they see for other situations, or anything else. It either violates the constitution or it doesn't. In the case a law doesn't vi
      • by UnknowingFool ( 672806 ) on Tuesday May 31, 2022 @10:44AM (#62579948)
        One of the problems with the arguments in overturning was that it weakens the reliance of 14th Amendment in granting unenumerated rights. Among other unenumerated rights that the 14th Amendment was pivotal in granting: interracial marriage, gay marriage, contraception, private consensual sexual acts like sodomy. The other argument the opinion makes is that abortion is not "historical" but neither are any of the above.
      • I disagree (Score:2, Flamebait)

        by rsilvergun ( 571051 )
        if you start stripping those rights then all the dominoes fall and pretty much every protection in the constitution goes out the window. It's a nonsensical ruling that focuses on a literal reading instead of a practical means of actually granting the rights guaranteed. It's the kind of half assed Lionel Hutz grade ruling I'd expect from a hacky corporate attorney, not SCOTUS.

        When judges make a ruling that isn't based on literal readings they're not making shit up, they're saying "the document guarantees
      • by rbrander ( 73222 )

        There are numerous historical analyses of the Court's decisions on controversial issues, and I guess it's by some miracle that they have a funny tendency to OK things that recently passed 50% in popularity.

    • Re: (Score:2, Interesting)

      by dknj ( 441802 )

      the court has had to reach back to the 16 and 1700s

      ah yes, the UNITED STATES supreme court will look back on a time when the UNITED STATES did not exist. lets bring back taxation without representation while you're at it

    • by jellomizer ( 103300 ) on Tuesday May 31, 2022 @10:47AM (#62579966)

      It is like saying the American Civil War wasn't about Slavery but State rights. It was about State Rights to Slavery.

      You are also applying a sliding scale argument to its outcome if overturned.

      The real issue is Row v Wade has just became a partisan talking point. Striking up a lot of feelings to a population who mostly is not affected by it in any way, except for the feeling of getting a nod saying that My side was right and your side is wrong! And depending on your stance you feel victory or defeat.
      The republicans are not really for Pro-Life, as they support the Death Penalty, and reject services meant to help a woman care for their child.
      The democrats are not really Pro-Choice, as this would be for more gun rights, as well a lot less in rules and regulations

      The Abortion issue actually has a political dissonance, in ideology. As it is the Conservative parties pushing for more rules and regulations, while the Liberal Parties are advocating for less rules, on this particular topic. The core of this just comes down to how this is a topic, that religions that account for a good portion of the population have a strong opinion on, so the republicans wanted to tie themselves with the Religious folks, so just around that one topic they can get a bunch of votes.

      If the GOP overturns Roe v Wade, and if the Democrats decide not to sustain it as a big issue, this could hurt the GOP, as the Christian groups will no longer have that one topic for the single issue voter, and many religions may encourage followers to be more proactive in social justice concerns which the democrats have a stronger stance on.

    • I'm pro-abortion. In fact, it should be mandated in many cases. However, the right to privacy that was cobbled together for Roe was always tenuous. The other "privacy" items cited in the parent relate directly to the 4th amendment and search and seizure. Scotus was not able to apply that directly to abortion because nothing is being searched or seized, so scotus made up a new right. The consequence is that the foundation is weak.

      It's sort of bizarre really that the Constitution doesn't explicitly offer

      • by cayenne8 ( 626475 ) on Tuesday May 31, 2022 @11:36AM (#62580240) Homepage Journal

        It's sort of bizarre really that the Constitution doesn't explicitly offer you the right to decide what goes on inside your own body.

        Well, to be fair, when the constitution was passed, a lot of it was based on the majority of people at least having some common sense, and back then, the US was much more homogenous in its general ways of thinking.

        Hell, the US was much more homogeneous in general about MOST things as short as maybe 10-15 years ago before things really started splintering and fringe groups getting a more amplified voice via social media, etc.

      • I'm pro-abortion. In fact, it should be mandated in many cases.

        I wonder if there will be lawsuits brought against the new/stricter abortion laws on the basis of religious freedom.

        I've read/heard several articles/interviews (even Wikipedia [wikipedia.org]) that Judaism allows (or even encourages) abortion in order to save the life or health of a pregnant woman and several (even Wikipedia [wikipedia.org]) that there is no explicit prohibitions on a woman's right to abort under Islamic law.

        Even going back to earlier in the US, most states allowed abortion until the quickening [wikipedia.org] -- when movement of th

    • Could you provide citations for some of the things you mentioned?

      Please don't read hostility or malintent into this. I just want to know the specific justifications and cases you're referring to. Legal issues are often fairly complex and being able to see relevant precedent is one of the ways I'm able to discern fact from fiction.
    • by smooth wombat ( 796938 ) on Tuesday May 31, 2022 @12:01PM (#62580372) Journal
      Remember guys Roe v Wade wasn't about abortion it was about privacy.

      Which is what makes this ruling even more disturbing. The Court has effectively said the state can dig into your personal life at will. Which, unless I'm mistaken, is about as far from the original intent of the Constitution as one can get.

      Then entire point of the Constitution was to limit the power of the government over the people. This was of course a reaction to the monumental oversight of public and private life the Crown implemented.

      But now these so called "originalists" have said, "Nope, don't like it. Not one bit. Have at it, government. Get your paws into people's personal lives. Dictate at will."

      In all honsety, I hope people ignore this ruling since it is so anathema to the Constitution's meaning.

      As a side note, I would love to see a state implement a law making it illegal for married couples to have affairs, then implement a second law saying a person could collect a $10K reward if they report a married person having an affair.I would live to see the contorted backflips a certain group of people would perform trying to find reasons why either would be unconstitutional after this court ruling.
    • And it was a follow up to the SCOTUS case allowing birth control. A lot of "unenumerated rights" that we enjoy at the moment that are a lot shakier once "unenumerated rights" aren't protected or given low priority Birth control, even marriage to someone of a different race (which was illegal within my lifetime), and you can bet your ass someone will immediately try to overturn same sex marriage.

  • Theater (Score:5, Interesting)

    by kunwon1 ( 795332 ) <dave.j.moore@gmail.com> on Tuesday May 31, 2022 @09:59AM (#62579738) Homepage
    They aren't investigating the justices, or their families

    The most reasonable theory I've seen suggests that this was done by someone on the right to lock-in a swing justice's vote. If that's true, we'll probably never find out
    • I actually think it was Roberts. He seems displeased with some of the new justices. I don't agree with him on many things, but Roberts at least seems to be a judge trying to follow convention. The new ones are rogue making crap up in the image of trump.
  • In the United States, frankly, it seems that the rule of law, the authority of the courts, and the need for anybody to obey any mandates from any governmental bodies is simply "not applicable". Just find your partisan reason to wave it all away. Provided you're related to politics, you'll be fine.

    Just say no. Works a lot.

  • No1curr (Score:5, Informative)

    by Dwedit ( 232252 ) on Tuesday May 31, 2022 @10:03AM (#62579752) Homepage

    Nobody cares about the nature of the leak or the circumstances that led up to it. People care about the content.

    Focusing on the leak itself is for right wing apologists only.

  • "It would be hypocritical for the Supreme Court to prevent its own employees from taking advantage of that fundamental legal protection". Well at least they would be consistent with all their other decisions so far.
    Privacy? OK for me, but not for thee.

  • by muh_freeze_peach ( 9622152 ) on Tuesday May 31, 2022 @10:09AM (#62579784)
    The investigators just need to wait for Roe V Wade overturn. Then they won't have any of those pesky privacy rules to worry about.
  • We ask these people to support our rights while stripping them of theirs? Not likely to work. The investigation is federal, so these people have all the due process rights, including 4th & 5th Amendments. It cannot be a "condition of employment" as it might be in the private sector. The federal government is bound with respect to everyone including its' employees and agents.

  • by AmazingRuss ( 555076 ) on Tuesday May 31, 2022 @10:26AM (#62579850)
    about anything but national defense. They wanted to hold this shit back till after the election, to get more greasy fascist pigs elected.
  • by redelm ( 54142 ) on Tuesday May 31, 2022 @10:28AM (#62579856) Homepage

    However unsettling this is, if anyone is to be searched on suspicion, then everyone should be. Including all the Justices. Reduce the hypocracy slightly.

  • by AlanObject ( 3603453 ) on Tuesday May 31, 2022 @10:33AM (#62579898)

    I hope they have discover who it is, but whomever leaked the draft opinion is a hero. It won't change the atrocity that is clearly already set in stone as far as the Republican majority is concerned, but at least the issue got some attention in media that was sorely needed.

    Beyond that we have also gotten some attention on issues that also have been festering, such as Clarence Thomas' numerous conflict of interest issues, his wife being an activist for sedition, Kavanaugh's mysterious debt relief, and most of all where the millions of dollars to promote right wing activists to the the court comes from.

    The "conservatives" are furious because their game plan and behind-closed-doors machinations were exposed. They no longer can hand down the decision then bang the gavel, shutting the door to questions they don't want to answer, leaving the public reeling, which by a 4-1 margin does not want right wing extremist views to prevail on the subject of abortion.

    As I wrote above the "opinion" such as it is will be handed down unaltered, but at least they can no longer hide behind the pretense that it was deliberated carefully, when in fact it is little more than the enactment of a long cherished dream of a particularly nasty teenage boy.

  • Fake news (Score:5, Insightful)

    by groobly ( 6155920 ) on Tuesday May 31, 2022 @10:43AM (#62579942)

    "Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel."

    "Some". "Apparently." "Sudden." No names, no attribution. Sounds like they talked to ONE clerk who said others probably think the same. In other words, fake news.

    • that they talked to several clerks who wanted to remain anonymous because there's a chance of being criminally prosecuted (and made a scapegoat to distract from the real issue, which is the horrible thing the Court is about to do).
  • by ArchieBunker ( 132337 ) on Tuesday May 31, 2022 @10:43AM (#62579944)

    My Body My Choice! over vaccines. Why does it not work for abortions? How about smoking pot? Suddenly they're very much about the government telling other people what to do.

    • by Opportunist ( 166417 ) on Tuesday May 31, 2022 @10:52AM (#62579992)

      And unlike smoking pot or having an abortion, not being vaccinated actually CAN have a negative impact on the people around you, not just yourself.

      Even though one could argue that pregnancy is a kind of a STD...

    • by Nugoo ( 1794744 ) on Tuesday May 31, 2022 @11:05AM (#62580070)

      I would have an easier time accepting the conservative opposition to abortion if they weren't also opposed to comprehensive sex education, widely and freely available contraception, cheap health care, and a strong welfare state. They claim to care about the life of the child, but that claim rings hollow to me in light of the above.

      My current working hypothesis, which fits all the data I've seen so far, is that conservatives believe that women (and only women) who have sex for fun should be punished.

      • by serviscope_minor ( 664417 ) on Tuesday May 31, 2022 @11:49AM (#62580308) Journal

        My current working hypothesis, which fits all the data I've seen so far, is that conservatives believe that women (and only women) who have sex for fun should be punished.

        Conservatives, despite banging on about the constitution actually want the law to enshrine a particularly extreme version of Christian beliefs in blatant violation of the first amendment.

    • I hate to tell you this but Kamala Harris, who was screaming "how dare they" (tell us what to do with our bodies), used to sentence grandmas to prison for selling hash brownies in a 3 strikes state. Same goes for Adam Schiff.
      • It's absolutely true that the war on some drugs has been a thoroughly bipartisan effort. The bulk of voters have responded positively to it every time, which is incredibly depressing. Recent polls suggest that public opinion has shifted strongly on both medical and recreational cannabis since the last major effort, though.

    • The key phrase is "other people."

  • Any law that has to be drafted in secrecy lest the people who it is going to affect learn about it before it's too late can't be a good one.

  • I mean, if we're overturning old rulings we don't like, we should add that to the list...

  • I read an article that says there is no body of law governing US court procedures. That the leak wasn't against any law, or federal regulation. It was just traditional court behaviour.

    Isn't this "investigation" exactly the same as an employer going all manic over who left their tuna in the fridge?

    I mean, cooperate if you want to keep your job, but otherwise, I think they can say "bite me".

  • The leaker is the one that's nervous. Everyone else has nothing to hide...right?

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