In an unprecedented major leak from the Supreme Court on Monday, Politico published a purported draft of the majority opinion from the nine justices that suggests the court has voted to overturn the landmark abortion precedent Roe v. Wade.
Much outrage and speculation ensued. As did questioning of the timing of the leak, which occurred as the documentary chronicling 2020 election fraud "2000 Mules" is about to be released.
"The SCOTUS leak meant to intimidate and threaten the lives of Supreme Court Justices also has the added benefit to take the country's eye off of the '2000 Mules' release," said Larry Ward, chairman of the Constitution Rights PAC and member of the Free Press Foundation Advisory Board. "If you are going to lose the worst SCOTUS decision of all time, Roe v. Wade, you might as well use it to distract from the worst election theft of all time."
Harvard Law professor emeritus Alan Dershowitz told Fox News host Sean Hannity that he thinks "this was leaked by a liberal law clerk who was trying to change the outcome of the case, either by putting pressure on some of the justices to change their mind, or by getting Congress to pack the court even before June, which is very unlikely, or to get Congress to pass a national right-to-abortion law, which would apply to all the states, and that would have to come to the Supreme Court to see whether that could be upheld under the Commerce Clause."
Derhsowitz added: "Look, I've been watching Supreme Court for 55 years. And this has all the hallmarks of reality and it does not have the hallmark of a decision that's likely to be changed. Maybe Chief Justice Roberts will go with the minority, but I think they seem to have five votes at this point to overrule Roe vs. Wade."
Republican Sen. Josh Hawley told Hannity: "I think it's plainly an attempt by the left to try and change the outcome in this case and corrupt the process, and the court must not allow that to happen."
Chief Justice John Roberts released a statement following the leak of the draft decision:
"To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way. We at the Court are blessed to have a workforce – permanent employees and law clerks
alike – intensely loyal to the institution and dedicated to the rule of law. Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here."
Radio and TV host Mark Levin noted: "The leak of the alleged early draft opinion from the Court to Politico continues the Marxist war on the Constitution and the civil society."
Brian Fallon, the director of the pro-court-packing group Demand Justice applauded the leak and speculated that it could be an attempt to have the Supreme Court majority change its mind: "Is a brave clerk taking this unpredecented step of leaking a draft opinion to warn the country what's coming in a last-ditch Hail Mary attempt to see if the public response might cause the Court to reconsider?"
Following are just a few of the reactions (and overreactions) to the leak:
Sen. Ted Cruz (R-TX) says he is “utterly horrified” the reported draft opinion to overturn Roe v. Wade was leaked from the Supreme Court. pic.twitter.com/WsEtmWFkek
— The Recount (@therecount) May 3, 2022
Justice Scalia to his new law clerks, as told by former clerk @isamuel: "If I ever discover that you have betrayed the confidences of what goes on in these chambers, I will do everything in my power to ruin your career." https://t.co/x4QxmP5EOZ pic.twitter.com/OEXSA75eSz
— Orin Kerr (@OrinKerr) June 8, 2018
CNN’s @thelauracoates: If Roe is overturned, SCOTUS might next ban "interstate travel” & "same sex marriage, including same sex relationships” pic.twitter.com/5dCTF9d81Y
— Tom Elliott (@tomselliott) May 3, 2022
Right now: Senator Elizabeth Warren outside #SCOTUS protest pic.twitter.com/PR4niG0Pit
— Lisa Bennatan (@LisaBennatan) May 3, 2022
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