No one leaks from the Supreme Court discussions. If they do, their name will be mud for the remainder of their legal career.
Historically, it has happened before in a very high profile case. In the famous Dred Scott case, Justice Curtis gave his dissenting opinion to a publisher, and it was published, before the official Opinion of the Court was drafted or issued. The writing of the Opinion of the Court had been assigned to Justice Nelson whose opinion reads like an Opinion of the Majority, but which became his short concurring opinion. In response to what Justice Curtis did, Chief Justice Taney reassigned writing of the Opinion of the Court to himself for the purpose of responding to all the matter brought up by Justice Curtis in his dissent. After the session, Justice Curtis and the Chief Justice engaged in an acrimonious exchange of correspondence. Justice Nelson, then the youngest justice on the Court resigned from the Court.
“Historically, it has happened before in a very high profile case.”
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Yes, and it that situation, heads did roll, and there has not been another leak such as this since that time. Boundaries were tightened and the vetting process became more intense. And that one example has been used since then as to the turmoil that can be caused plus repercussions for leaking.
I guess I should have said “In modern times”...no one leaks.....
Correction: Justice Nelson Curtis, then the youngest justice on the Court resigned from the Court.
It was Justice Curtis who had his dissenting opinion published who resigned.