The Second Jan Crawford Inside Dirt on SCOTUS is More Shocking than the First

It was surprising enough to read Jan Crawford’s article last week detailing how the Chief Justice switched his vote in the health care case, much to the dismay of his Republican colleagues.  The article set off a a firestorm of sorts among Court watchers about the rare leak of internal Court deliberations in real time.

It was clear from the first article that the other conservative Justices were angry with Roberts.  But what explains the new story from Crawford? Entitled Discord at Supreme Court is Deep, and Personal, the sole point of the additional leaks to Crawford appears to be to emphasize the nature of the anger of the other Supreme Court Justices at Roberts.  Is the point to intimidate?  As I‘ve said, I find it hard to believe that the Chief Justice could be intimidated by anyone to do anything but vote his conscience.  If the point is to signal to the Chief that he had better get into line if he wants future cooperation from the other Justices, that seems like an idle threat—they need his vote to get anything done.

Instead it looks like one or more Justices who remain emotional, and cannot move on—at least not yet.  Or else, why talk to Crawford yet again?

UPDATE: More thoughts from Orin Kerr.

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