I just lately had event to re-read New York Occasions v. United States, the Pentagon Papers Case. Footnote three of Chief Justice Burger’s dissenting opinion speaks to our current second:
With respect to the query of inherent energy of the Government to categorise papers, information, and paperwork as secret, or in any other case unavailable for public publicity, and to safe support of the courts for enforcement, there could also be an analogy with respect to this Court docket. No statute provides this Court docket specific energy to ascertain and implement the utmost safety measures for the secrecy of our deliberations and information. But I’ve little doubt as to the inherent energy of the Court docket to guard the confidentiality of its inner operations by no matter judicial measures could also be required.
I agree solely. The ball is in Chief Justice Roberts’s Court docket.