No, I’m not talking about a particular Justice. The recent hack of Sony Entertainment. combined with Chief Justice Roberts’ Annual Report on the Judiciary, leads me to wonder how the Court should handle a leak of its work product prior to issuing an opinion. The Chief focused on the Court’s use of technology (or lack thereof) in his report, and security is obviously an important technology issue. If someone obtained draft opinions, emails, the vote in conference, etc. and disclosed that to the public, what should be the response?
For example, should there be reargument to address points made in the draft opinions? Supplemental briefing? Should the Court just affirm without opinion? Recuse themselves and set up a special appellate panel to render a final judgment?
Somebody could write a fun paper about this.