The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

The Countdown Begins for Joan Biskupic's Leak Reports

Or will the absence of RBG limit her information?


For the past two terms, Joan Biskupic has published a series of remarkable reports based on Supreme Court leaks. In 2019, her story on the Census case was published on September 12. And in 2020, her four-part series on the Chief's power was published the week of July 27. Last term concluded on July 9, 2020. And the leaks came 18 days later. If we use that number as a benchmark, we should expect reports circa July 20, 2021. The countdown to Biskupic's bombshells commences.

Of course, it's possible that Joan does not get any scoops this year. Or maybe her insights will not be as deep as they were last year. And what might be the cause of such decline? One obvious factor would be the absence of Justice Ginsburg. She was always very chatty in public. It stands to reason she was even more open in private. Or, perhaps, Chief Justice Roberts has taken my advice and tamped down on the leaks. Tick tock.