In this June 8 post, I noted how someone at the 2d Circuit had leaked to Adam Liptak of the NY Times some facts about the internal deliberations of the 2d Circuit panel considering the Ricci case, a panel including Judge Sotomayor. Now there’s been another leak. Someone told Stuart Taylor that the summary order of the panel got the attention of the entire 2d Circuit en banc when Judge Cabranes read about the case in a local New Haven newspaper.
These kinds of leaks in cases still alive before the courts (Ricci is being remanded) are very unusual.