One of the marvels of Washington is that there is still one institution that doesn’t leak: the Supreme Court. No one in the media has remarked that although the Obamacare case was argued three months ago, and the vote of the justices to decide the winner a few days later, the decision has not leaked out. Undoubtedly the media and many others have tried to find out. It is something of a marvel that the outcome of the most anticipated case in decades–maybe ever–hasn’t leaked out.
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.
Our friend Clark Judge of the White House Writers Group thinks one party has been tipped off to the outcome: the White House:
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.