The Supreme Court Decision On ObamaCare Will Probably Be Leaked

Let me be the first to predict an historic break from the tradition of confidentiality of the deliberations and decisions of the U.S. Supreme Court:  a leak (or even multiple leaks) , before the public reading of the high court’s decision.   The stage is set, now that Justice Kennedy has performed his ritual tease in which he assumes the role of tie-breaker and throws out just enough hints (and head-fakes) to encourage each side to believe that it will ultimately be the lucky winner of his affections.  The motivation for leakage is extraordinarily high:  consider all the insurance companies, healthcare providers, stock-market traders, and other commercial interests (and states and public agencies) that stand to make or lose fortunes as a consequence of the outcome.  Consider also the number of Supreme Court clerks and other staffers who will have direct access to the ongoing status of the initial voting and the various deliberations, conversations, draft opinions, etc., that will be developing over the months between the close of oral arguments and the publication of the ultimate decision.  Way too much information  there, in the hands of way too many people, with way too many other people having a huge stake in getting their hands on that information before it becomes public and having way too much money available to be spent on obtaining early access to that information.   Not to mention the public’s insatiable desire for sensational news on a daily basis and its refusal to accept deferral of the gratification that would come from a resolution of this great issue.  Not to mention the fact that, in the end, there is no such thing as a secure computer, cellphone, network, email account, etc.   Under the circumstances, and considering the nastiness and raw emotion that have characterized the entire healthcare debate, the bigger surprise would be if the decision were not leaked before its official announcement.

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