So, to once again talk about Roberts's apparent vote switch

I agree with Orin Kerr that the big question is who leaked.

And there's some convincing evidence that Roberts's switch was actually leaked in May, to conservative reporters, apparently as part of an effort to shore him up. (The Ponnuru tweet, linked in the second post, came in early June - I find that the most convincing evidence of a pre-decision leak.)

The reporter says she has two sources. Like Kerr, I agree that there is a very small pool of people who could have leaked this info. I also mostly agree that no clerk would have done it - unless, I'll add, the clerk had the permission of his/her Justice. And the CBS story itself tells you who the sources were:

The inner-workings of the Supreme Court are almost impossible to penetrate. The Court's private conferences, when the justices discuss cases and cast their initial votes, include only the nine members - no law clerks or secretaries are permitted. The justices are notoriously close-lipped, and their law clerks must agree to keep matters completely confidential.

But in this closely-watched case, word of Roberts' unusual shift has spread widely within the Court, and is known among law clerks, chambers' aides and secretaries. It also has stirred the ire of the conservative justices, who believed Roberts was standing with them.

Ann Althouse, among others, points out that the CBS article has an extensive section devoted to praising Justice Kennedy's jurisprudence, suggesting that at least one source came from within the Kennedy Chambers.

The upshot is that this article signals a truly unprecedented breakdown in collegiality on the Court. Kerr is right that there's never been anything like this before.

It's a whole new ballgame.