Conservatives angrily called for an immediate investigation into the leak of the Supreme Court‘s draft decision purportedly overturning Roe v Wade, accusing left-wing operatives of pre-empting the decision in an unprecedented breach of the high court’s protocols.
Politico reportedly obtained a draft of Justice Samuel Alito’s majority decision in Dobbs v. Jackson Women’s Health Organization, a case originating in Mississippi that challenged the landmark 1973 decision guaranteeing a woman’s right to abortion. The decision was expected sometime over the next two months, but the leak appears to have stolen the court’s thunder.
If this story is true, the Court should issue its opinion right away. Otherwise the disgraceful leak wins. I would say that if my side lost. If we lose the integrity of the Court’s process, we lose the Court. That should be intolerable to all of us who live the country.
— Andy McCarthy (@AndrewCMcCarthy) May 3, 2022
“If this story is true, the Court should issue its opinion right away,” tweeted former federal prosecutor and Fox News contributor Andrew McCarthy. “Otherwise the disgraceful leak wins. I would say that if my side lost. If we lose the integrity of the Court’s process, we lose the Court. That should be intolerable to all of us who live the country.”
Barriers were quickly put in place around the Supreme Court building immediately after the news broke, and some worried that the leak was deliberately orchestrated to target conservative justices. It appeared that Alito’s decision is being backed by fellow justices Clarence Thomas, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and possibly Chief Justice John Roberts.
Right now: Barricades are up around the Supreme Court building, just minutes after reports from Politico were leaked indicating SCOTUS has voted to overturn Roe v. Wade. pic.twitter.com/LxR9rbs6TF
— Cami Mondeaux (@cami_mondeaux) May 3, 2022
“Conservative justices will have their lives and the lives of their families threatened,” tweeted podcaster Allie Beth Stuckey. “The person who leaked this knows that.”
Speculation online was that a clerk for one of the court’s three liberal justices was behind the leak.
“This leak has to come from a clerk or Justice themselves,” a clerk told Washington-based podcaster Benny Johnson. “It is intended to blow up the court. Criminal investigation needs to happen now.”
Just spoke with former Supreme Court clerk. They are horrified.
This is a quote:
"This leak has to come from a clerk or Justice themselves. It is intended to blow up the court. Criminal investigation needs to happen now."
They suggest Sotomayor has most radical leftist staff.
— Benny Johnson (@bennyjohnson) May 3, 2022
Andrew Kloster, a former Trump administration lawyer and currently senior counsel at the nonprofit Compass Legal Group, theorized that the leak may have been through the high court’s email system.
“I’ve been informed it’s *weird* that Politico natsec reporter Alex Ward broke the SCOTUS story and my new working theory is that it wasn’t a Sotomayor clerk but that the SCOTUS email system is compromised,” Kloster tweeted.
Conservatives decried the leak as an inside job that undermines the authority of the court.
“Roe should be overruled,” tweeted First Amendment attorney Casey Mattox. “But the biggest news here would be an egregious ethical violation by someone inside the Court if there is any validity to this. And perhaps by Politico.”
“The alleged leak of the opinion in Dobbs v. Jackson Women’s Health Organization is nothing short of breathtaking,” wrote legal analyst and George Washington University Law Professor Jonathan Turkey. “It would constitute one of the greatest breaches of security in the history of the Court.”