A highly hyped New York Times investigation—touted with the unusual label “Times Exclusive”—appeared this month under the headline “How the Supreme Court Locks Away Its Own History.” It complained that “many of the justices have valued confidentiality over transparency and chosen to postpone scrutiny of their work for years to come.”
“Some scholars question why papers should be sealed long after a justice has retired,” says the Times article, by Jodi Kantor, with research and reporting contributed by Julie Tate, Ann Marimow, and Adam Liptak. It quoted a legal historian at the University of California, Davis, Mary Ziegler, accusing the justices of engaging in “reputation management,” and, as Ziegler was paraphrased in the article, “protecting themselves from examination and second-guessing.”
Not disclosed in the Times article: that the papers of former Times publishers Arthur Ochs Sulzberger and Arthur Ochs Sulzberger Jr., donated to the New York Public Library in 2007, are closed to public access until 2035 and 2057, respectively, according to the finding aid to the collection.