[bumping to front with update]

Jeffrey Toobin wrote a New Yorker piece revealing a “bridge burning” draft dissent by Justice Souter in Citizens United, which I urged Justice Souter to release (knowing full well he’s the least likely former Justice to release his papers).  Now, in connection with Toobin’s new book, “The Oath” (sitting on my nightstand, waiting for time to be read), he gave an interview to SCOTUSBlog in which the draft dissent issue comes up:

Question:

In your discussion of the Citizens United case you refer to Justice David Souter’s unpublished dissent in that case as an “extraordinary bridge-burning” document.  Have you personally read that entire document or were you told of it?  Do you have a copy in your possession, and, if so, would you make it public?

Answer:

I don’t have it.

Note that Toobin did not answer the first question.  UPDATE: I wrote to Toobin and he let me know that he has “not read the full document.”