In reading through the Holmes Devise (not done yet), one thing I noticed is that the Justices sometimes went to great lengths to prevent a draft opinion leak. In the Standard Oil case from 1911, for instance, they took extra precautions by reducing the number of messengers or staff with access. (There were almost no law clerks then.) Ditto in Brown, where many of the law clerks were shut out.
This makes me wonder whether the Court was just naive with respect to security for Dobbs. Did the Justices take extra precautions? Or did they just assume incorrectly that there was no risk of disclosure? If that was the always the assumption, you could understand why they were blasé. But that was not always their assumption. I’m not sure how many other examples there are–nothing from the Marshall Court comes to mind–but that might be an interesting paper topic for somebody.
