The Volokh Conspiracy

The Volokh Conspiracy: "gain, I wondered, why would defenders of the law be personalizing their focus so aggressively and harshly on a man more likely to be the sixth than the fifth vote for their side?

Now, though, CBS News tells us that the Chief Justice was the defenders’ only hope for a fifth vote — and one that started looking “gettable” right around the time of Senator Leahy’s remarks.  Suddenly, the Senator’s remarks look a lot less foolhardy.  In fact, they look like a miraculously prescient and well-timed gamble.

So well-timed and prescient a gamble that I can’t help wondering whether it was a gamble at all.

I’d like to be wrong. A leak about Court deliberations, especially a leak that went only to one side in a pending case, would truly be a scandal."

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