The petition of certiorari made by New York Times reporter James Risen, who the Fourth Circuit has ruled must identify a confidential source in the case of a former CIA agent suspected of being a leaker, will be considered by the U.S. Supreme Court at a May 29 conference, SCOTUSblog reports.
Lee Levine, a leading First Amendment lawyer with Levine Sullivan Koch & Schulz, has said he does not think that the U.S. Supreme Court would take the case. If the U.S. Supreme Court takes the case, there could be five votes in favor of recognizing a qualified common law privilege for reporters’ confidential sources, Levine said. Justice Anthony Kennedy would be the key vote, he said.