An Underwhelming Leak on the Supreme Court’s Emergency Docket

The Times inadvertently illustrates that Barack Obama was the real norm-breaker in the showdown between the Supreme Court and the executive branch.

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Right: Then-president Barack Obama in the briefing room of the White House in 2014

Timothy Epple/iStock/Getty Images; Kevin Lamarque/Reuters

Over the weekend, Jodi Kantor and Adam Liptak of the New York Times published another story based on leaks from the Supreme Court’s internal deliberations, this time from a 2016 decision on an application for an emergency stay. The leaks include 16 pages of internal memos that the Times published in full. The story was breathlessly hyped by the Times as “The Inside Story of Five Days That Remade the Supreme Court,” with the teaser “The birth of the Supreme Court’s shadow docket has long been a mystery. Until now.”

The hype itself is both overwrought and aimed at the wrong target. But the leak is every bit as newsworthy as its contents.

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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