Divided Argument A Subversive Mission
13 snips
Mar 11, 2026 They announce a new SCOTUSblog partnership and explain their subversive mission to analyze law, not punditry. They hunt the mystery behind the Chief Justice's "a thousand times no" line and debate new Court secrecy and NDA concerns. They break down Galette v. New Jersey Transit, sovereign immunity questions, and practical consequences for public institutions.
AI Snips
Chapters
Transcript
Episode notes
Court Adopted Stronger NDAs To Prevent Leaks
- The Supreme Court began asking clerks and staff to sign NDAs to curb leaks.
- The Times reported the NDAs appear stronger than prior nonbinding orientation rules and threaten legal action for disclosures.
NDAs Reinforce Norms More Than Create Them
- Will Baude notes NDAs mostly formalize norms already communicated to clerks rather than creating new rules.
- He suggests NDAs signal seriousness and may matter more for non-lawyer staff with fewer professional sanctions.
Transparency Trade Offs Against Institutional Norms
- Journalistic leaks expose court secrecy but can degrade institutional norms that help the Court function.
- Dan Epps and Will debate trade-offs between transparency and the Court's operational coherence.