This is the Libertarian

the Libertarian Podcast at the Hoover Institution. I'm your host Tom Church and the Libertarian is Professor Richard Epstein.

Richard's the Peter and Kirsten Bedford senior fellow here at the Hoover Institution. He's the

Lawrence A Tish Professor of Law at NYU,

and is a senior lecturer at the University of Chicago.

This week, big news regarding Rojo v. Wade,

if you haven't heard yet,

political published a not yet final draft of a Supreme Court opinion by Justice

Alito that purports to overturn Rovi Wade in a 5-4 decision.

This is done through the Dobbs case, which we've discussed on this program before.

Now the court confirmed that it was a legitimate document but stressed that it wasn't final.

It was in fact a first draft from back in February.

Now Richard, there's a lot to talk about with this leak, but one of the

universal reactions so far has been to talk about what this leak does to the

integrity of the court. What's so harmful about having the deliberations of such an important and controversial case made public?

Generally, the Supreme Court has always had a rigorous vow of silence with respect to anything and everything that goes on was in this chambers and the explanation

is in part from what you said.

This is a preliminary draft if this thing becomes public and then it means that any modifications

that are going to take place going forward are going to be more difficult to achieve.

It means they're going to be more political pressure that are going to be put on the justices

of one kind or another.

It probably is going to expose them to more abuse because now you're hoping to do is to change your vote rather than simply lamenting the fact that the votes have already been taken.

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