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This is a

This is CBS High on the World. I'm Jean Bachelors with Professor Richard Epstein, a senior fellow of the Hoover Institution. And we turn to the news incomplete that a draft of a Supreme Court decision has been leaked to the

media and published everywhere now and read a draft that was not final and because of the machinery of the Supreme Court

may go through many more drafts and changes before it is presented to the public, I believe,

June is the usual month.

The question here is not what's in the draft,

but this leaking and what that means for the republic and what that means for the third branch of government, the judiciary.

Richard, the immediate example that came to mind was President Buchanan interfering that was the

the word used for 170 years, a nearly 170 years,

nearly 170 years, interfering in the Dred Scott decision by the

Supreme Court, it came at the winter of 1857. There were

motives that were in all directions, but in any event the understanding now by

historians is that the president did influence the decision or put pressure on the decision and the majority position written by the Chief Justice Justice Tani at the time was published two days after the

inauguration speech by President Buchanan which was consistent with the decision. In other words there was there was

...