June 22, 2012

Supreme Court Leaks Less than the CIA

Justice Ginsburg recently spoke to an audience at the American Constitution Society but refrained from even hinting of the Court's undisclosed decision in the much anticipated health care rulings. She remarked, “ Those who know don’t talk. And those who talk don’t know.” There is a fascinating contrast between the Supreme Court’s ability to keep a secret and the national security bureaucracy who appear to abide the opposite rule: “Those who know talk quite a lot.” Law Professor Jack Goldsmith explores the issue:
“Only 70 or so people inside the Court—the justices, their clerks and senior staff, and a few Court employees—would be privy to the outcome of the health care case prior to its announcement. By contrast, more than 4.2 million people—almost all located in or associated with the executive branch—hold security clearances. The circle of secrecy for any particular sensitive operation is much smaller, but typically includes hundreds of people, often more.”
It is believed that the Supreme Court will release their decision on President Obama's health care reform as early as Monday or as late as Thursday.

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