Tea at Trianon: The Dobbs Leak

John Wilson Croker on Marie-Antoinette

"We have followed the history of Marie Antoinette with the greatest diligence and scrupulosity. We have lived in those times. We have talked with some of her friends and some of her enemies; we have read, certainly not all, but hundreds of the libels written against her; and we have, in short, examined her life with– if we may be allowed to say so of ourselves– something of the accuracy of contemporaries, the diligence of inquirers, and the impartiality of historians, all combined; and we feel it our duty to declare, in as a solemn a manner as literature admits of, our well-matured opinion that every reproach against the morals of the queen was a gross calumny– that she was, as we have said, one of the purest of human beings."

~from History of the Guillotine by John Wilson Croker, 1844

Edmund Burke on Marie-Antoinette

"It is now sixteen or seventeen years since I saw the queen of France, then dauphiness, at Versailles; and surely there never lighted on this orb, which she hardly seemed to touch, a more delightful vision. I saw her just above the horizon, decorating and cheering the elevated sphere she had just begun to move in, glittering like a morning star full of life and splendor and joy. Oh, what a revolution....Little did I dream that I should have lived to see such disasters fall upon her, in a nation of gallant men, in a nation of men of honor and of cavaliers! I thought ten thousand swords must have leaped from their scabbards, to avenge even a look which threatened her with insult. But the age of chivalry is gone; that of sophisters, economists, and calculators has succeeded...."

~Edmund Burke, October 1790

Sunday, February 23, 2025

The Dobbs Leak

From Amuse on X:

The Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization marked a turning point in American jurisprudence, but its judicial significance was overshadowed by an unprecedented event: the leak of a draft opinion weeks before the ruling was finalized. Never before had such a breach occurred in the modern history of the Court. The disclosure, which confirmed the Court’s intent to overturn Roe v. Wade, sent political shockwaves across the country and set off protests, security threats, and even an assassination attempt against Justice Brett Kavanaugh. Despite an extensive investigation, the identity of the leaker remains officially unknown. Yet, among the many names that have surfaced in speculation, one stands out for a conspicuous reason: Amit Jain. Unlike nearly every other Supreme Court clerk from that term, Jain has never publicly commented on the matter, a silence that raises more questions than it answers.
From the moment Politico published the leaked draft, speculation was rampant about who had facilitated such an extraordinary breach. Theories varied along ideological lines. Some believed a liberal insider leaked the opinion to ignite public backlash and pressure the Court to reconsider its decision before finalization. Others speculated that a conservative sympathizer may have released the document to lock in the five-justice majority. Yet, despite these competing narratives, Justice Samuel Alito, the author of the leaked opinion, has all but confirmed that the leak was politically motivated to harm the conservative bloc. In an interview, Alito stated that the leak “made us targets of assassination” and hinted that it was intended to intimidate the Court into preserving Roe. Given this context, the question persists: who stood to gain from such an act?
The Supreme Court conducted a formal investigation, interviewing nearly 100 individuals with access to the draft. The results, however, were inconclusive. The final report from the Marshal of the Court indicated that no definitive leaker could be identified. Yet, outside observers noted something peculiar: nearly all clerks and staff from the 2021-22 term were either publicly exonerated by implication or made statements denying involvement. All except for one: Amit Jain, a former clerk for Justice Sonia Sotomayor.
Jain, a graduate of Yale Law School, had a history of progressive activism. As a student, he had openly opposed Justice Brett Kavanaugh’s appointment to the Supreme Court, signing a public letter condemning Yale for supporting Kavanaugh’s nomination. His background made him an obvious subject of speculation. More notably, Jain had a documented connection to Politico reporter Josh Gerstein, one of the two journalists who broke the Dobbs leak story. Years earlier, Gerstein had quoted Jain in an article regarding immigration policy. The connection was circumstantial but sufficient for some conservative commentators to consider him a potential suspect. (Read more.)