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AnJamison Authors Jonathan Peters

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Jonathan Peters
Jonathan Peters
@jonathanwpeters
It's remarkable, the leak of what appears to be an initial draft majority opinion. SCOTUS generally has kept its secrets and has kept confidential its internal processes and deliberations. But the Court does occasionally leak, and it has leaked before about Roe v. Wade. 1/x

Its recorded history of leaks dates back to mid-19th century. Some leaks have commented on a decision after its release. Others have provided accounts of personal relationships/conflicts among the justices. And, yes, some opinions have leaked before release.

Consider the 1852 case Pennsylvania v. Wheeling and Belmont Bridge Company. Ten days before the Court handed down its decision, the New York Tribune reported the outcome.

Two years later, the bridge case returned to the Court, and again the Tribune scooped the justices before they made their decision public. Later that year, the Tribune published a running account of the deliberations in Dred Scott.

Historians have speculated that these leaks came from Justice John McLean, who authored the first bridge opinion before dissenting in the second one, as well as Dred Scott.
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