Sent to me by email by a reader, a former federal law clerk and AUSA, who asked me to post on their behalf:
"I think that, if you are going to work on suspicion, innuendo and deductive reasoning, you must address the pervasive rumor that the leaker is Virginia Thomas. She clearly has zero sense of propriety for the role of a Justice’s wife. She has demonstrated a willingness to use extra-Constitutional means to accomplish her political ends. It would not surprise me if she had real-time information regarding the current status of circulated opinions and dissents."
"Your writing, as usual, is excellent. I would love to see you put out a hypothetical Ginny Thomas 'If I Did It' column."
My response to this reader: I do think Ginni is A leaker, namely, the leaker to the WSJ (and maybe even the leaker to the Washington Post from last weekend's article). And I suspect her involvement in leaks to the right in years past (e.g., in cases like Bostock and NFIB v. Sebelius).
But as I was saying to Judge Goodman and Steven Skulnik, I don't know that Ginni had an incentive to leak the entire Dobbs opinion, as opposed to leaking about wobbly conservatives to the WSJ (which I think was sufficient if her goal was to keep the conservatives in line).
Good example of the kind of essay all of us should think about writing sometimes, "steel-manning" those we disagree with, or at least getting inside their heads.
I heard a rumor that the impending leak was "all the buzz" at Yale the week *before* it happened.
Really well done, and I think most of it captures the thinking of someone leaking under this theory. The last few paragraphs, where you had a little fun, less are what a leaker would actually publish but I seriously LOLed for real *a lot*, especially at the mention of free Sun Chips.
Sent to me by email by a reader, a former federal law clerk and AUSA, who asked me to post on their behalf:
"I think that, if you are going to work on suspicion, innuendo and deductive reasoning, you must address the pervasive rumor that the leaker is Virginia Thomas. She clearly has zero sense of propriety for the role of a Justice’s wife. She has demonstrated a willingness to use extra-Constitutional means to accomplish her political ends. It would not surprise me if she had real-time information regarding the current status of circulated opinions and dissents."
"Your writing, as usual, is excellent. I would love to see you put out a hypothetical Ginny Thomas 'If I Did It' column."
My response to this reader: I do think Ginni is A leaker, namely, the leaker to the WSJ (and maybe even the leaker to the Washington Post from last weekend's article). And I suspect her involvement in leaks to the right in years past (e.g., in cases like Bostock and NFIB v. Sebelius).
But as I was saying to Judge Goodman and Steven Skulnik, I don't know that Ginni had an incentive to leak the entire Dobbs opinion, as opposed to leaking about wobbly conservatives to the WSJ (which I think was sufficient if her goal was to keep the conservatives in line).
Good example of the kind of essay all of us should think about writing sometimes, "steel-manning" those we disagree with, or at least getting inside their heads.
I heard a rumor that the impending leak was "all the buzz" at Yale the week *before* it happened.
The fake column is made more believable by the usage of "pregnant people."
David, have you considered asking law school deans to announce their respective public positions on the propriety of the leak?
Really well done, and I think most of it captures the thinking of someone leaking under this theory. The last few paragraphs, where you had a little fun, less are what a leaker would actually publish but I seriously LOLed for real *a lot*, especially at the mention of free Sun Chips.
I always find myself speaking Deutsch when in Germany. Funny thing.
Terrific writing and analysis, David. Once again.
David, again: you don’t think household member Ginni Thomas has access? Judge Emily
It's a scan of a printout. My guess is Justice Thomas took it home with him. Ginni found it in his study.