The Right Coast

December 22, 2005
Leaks from Judges
By Mike Rappaport

Orin Kerr refers to a New York Times story that has the following in it:

One judge, speaking on the condition of anonymity, also said members could suggest disbanding the court in light of the president's suggestion that he has the power to bypass the court.
I don't believe I have ever seen a judge speaking through an anonymous leak before. The judge might want to be careful. It makes him seem more like an ordinary political actor. The perception that judges are not political in that way is the source of much of their power.