Do go read it all, but it now seems clear there were multiple leakers, and leaks -- and likely from multiple political factions inside the high court. Here you go -- and a bit, of the most intriguing part:
. . .Start from the premise that there were actually (at least) two leakers, and three leaks. . . .
The first leak was to the Wall Street Journal editorial board last week. In substance, it was that the court had voted to overrule Roe v. Wade, but that the precise outcome remains in doubt because Chief Justice John Roberts is trying to persuade either Justice Brett Kavanaugh or Justice Amy Coney Barrett to a more moderate position that would uphold the Mississippi abortion restriction without formally overturning Roe.
While not formally presented as relying on a leak, the editorial transparently does. The most obvious example is that it predicts that Alito is drafting a majority opinion to overrule Roe, but gives no explanation for that prediction and none is apparent. We now know that Alito did draft that opinion. . . .
It is also important to look at the leak of the opinion through the lens of the fact that someone -- almost certainly a conservative -- had just before leaked the court’s tentative decision and the state of the voting to The Wall Street Journal. That leak was itself an extraordinary and unethical breach of confidences and certainly caused very deep concern inside the court.
My guess is that someone on the left felt somewhat justified in releasing the opinion in response. . . .
So -- if we have been reduced to spy-vs-spy inside the clerks' warren, at the Supremes. . . indeed the Republic has suffered a grave injury to its integrity. But that much was evident long ago -- when the texts from Justice Thomas's spouse emerged -- in the 01.06.21 insurrection matters. It cannot be that he will not recuse from all Tangerine-related matters brought to the high court henceforth. It cannot be.
Onward, smiling just the same on a warm Spring Monday morning -- as the fine SCOTUS Blog analysis offers the glimmer of hope that Chief Justice Roberts is writing a forceful dissent/concurring opinion that largely blunts any categorical over-ruling of Roe.
नमस्ते
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