The justices also could rule any day in a lawsuit over a Maine program that offers tuition aid for private education, but excludes religious schools. The decision could ease religious organizations’ access to taxpayer money and fuel a renewed push for school choice programs in some of the 18 states that have so far have not directed taxpayer money to private, religious education.
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Leak Investigation
The court has been mum on the internal investigation Chief Justice John Roberts ordered the day after the leak and assigned to Gail Curley, the marshal of the court.
But CNN has reported that Curley is seeking affidavits and cellphone records from the justices’ law clerks. Competing theories on the left and right have suggested the leaker probably comes from among the 37 clerks, four for each justice plus one for the retired Anthony Kennedy.
The court could examine government-owned cellphones and email accounts, said lawyer Mark Zaid, who frequently represents government whistleblowers. But it couldn’t compel clerks to turn over personal devices or provide access to their own phones without a warrant, Zaid said.
But other lawyers have said the clerks, many who will become leaders in the legal profession, should willingly talk to the court’s investigators.
Zaid and others said clerks should talk to an attorney before agreeing to anything.
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No Audience, No Performance
Before COVID-19 changed things, the court would announce its opinions in public sessions in the courtroom that sometimes produced moments of high drama. In especially closely watched cases, justices on both sides would read summaries of their dueling opinions.
But the courthouse remains closed to the public and, since shortly after the draft abortion opinion appeared, the court has been ringed by an eight-foot barrier and the streets closest to the building also have been closed to vehicles.
Barring a change, the opinions in the abortion and guns cases will be posted online, giving the public quick access, but affording no chance to hear justices state their views.
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Deadlines
The justices like to get their work done by the end of June, though they issued their final opinions in early July the past two years. Summer teaching obligations often drive the need to get out of town. This year, it appears that only one justice has a teaching-related deadline. A George Mason University law school program in Padua, Italy, is advertising that Justice Neil Gorsuch will take part.
This article originally appeared here.
