Ruth Marcus explains why the leak likely came from a conservative.

[Nevilledog]

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Heather Long
@byHeatherLong
WaPo's @RuthMarcus explains why the leak likely came from a conservative.

"My leading theory is the leak came from the conservative side...concerned that the seeming majority, ready to do away w/the constitutional right to abortion, might be unraveling"

washingtonpost.com
Opinion | The leaked draft Roe opinion is a disaster for the Supreme Court
The opinion would be a calamity for American women. But the leak is horrible for a court whose secrecy has been breached in an unprecedented way.
9:00 AM · May 3, 2022

https://www.washingtonpost.com/opinions/2022/05/03/alito-roe-leaked-draft-disaster-for-supreme-court/

No paywall
https://archive.ph/WS6gB

“Disaster” is not too strong a word to describe the leak of a draft Supreme Court opinion that would overrule Roe v. Wade.

A disaster, most clearly, for the court itself, whose secrecy has been breached in a way that is unprecedented. In my view, overruling Roe would be a disaster — for a court reversing itself after repeatedly reaffirming the right to abortion over half a century, and even more for American women who have come to rely on the right to abortion.

But I say “most clearly” because we cannot be certain whether that disaster will in fact ensue — if what was labeled “1st draft” of a majority opinion by Justice Samuel A. Alito Jr. that was circulated Feb. 10 will remain the majority opinion of the court.

Keep in mind: Majorities, particularly in high-stakes cases such as the Mississippi abortion law at issue, can fall apart. We don’t know how Politico, which broke the story, obtained the draft. One theory — my leading theory — is that the leak came from the conservative side, possibly from a clerk for a conservative justice concerned that the seeming majority, ready to do away with the constitutional right to abortion, might be unraveling.

There was a hint of this last week in a Wall Street Journal editorial warning that Chief Justice John G. Roberts Jr. might be trying to dissuade Justices Brett M. Kavanaugh or Amy Coney Barrett from voting to overrule Roe outright. Roberts famously changed his mind after initially voting to strike down the Affordable Care Act in 2012 and “may be trying to turn another Justice now,” the Journal warned. “We hope he doesn’t succeed — for the good of the Court and the country.”

*snip*

[obamanut2012]

1. That was my first thought, too -- I agree

[louis-t]

2. Alito wants the leaker's name released.

tfg wants to shoot the leaker in the legs.

[Walleye]

7. Projection being so strong, I'm starting to believe Alito leaked it himself

[louis-t]

10. I would believe Roberts leaked before I would believe Alito.

[Walleye]

12. Probably true, but I bet Alito was eager to show it off and brag about it

[louis-t]

14. I still think Alito wanted to wait until after the midterms to announce it.

I think he's just smart enough to know what kind of backlash the court will now face. If repugs were able to steal the midterms by throwing out election results they don't like, it's game over.

[Walleye]

16. Maybe Ginni Thomas then, she seems stupid enough

[question everything]

3. On the eve of the first Republican primaries to help Trump endorsees

[RockRaven]

4. Sometimes leakers don't have a grand plan or sophisticated strategy...

Sometimes leakers just want to feel important.

And if that happens to be the case here, then they got what they wanted -- everyone is talking about it.

[Walleye]

5. If you're a Republican you can lie your head off, telling the truth is a mortal sin

[AZSkiffyGeek]

6. I'm curious who else got the leaked memo

Why did Amazon announce their new abortion travel policy yesterday? Did someone at the Post get the leak and pass it up the food chain?

[iemanja]

8. That's optimistic

[dalton99a]

9. Important reminder about the religious zealot Alito

“We emphasize that our decision concerns the constitutional right to abortion and no other right,” Alito wrote. “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”

You can, perhaps, take some solace in this. Or you could remember that Alito dissented vigorously in the same-sex marriage ruling, arguing that “the Constitution leaves that question to be decided by the people of each State.” If that sounds alarmingly familiar, it should.

[BruceWane]

18. Contradicting himself in his own opinion

"We emphasize that our decision concerns the constitutional right to abortion and no other right,” Alito wrote. “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”

Total bullshit. This doesn't even make sense.

He's basically saying "we base this opinion on the fact that abortion rights are not explicitly given by the constitution, but it ends there because we say so".

In other words "some rights must be explicit because we say so, but other rights do not need to be explicit because we say so".

Alito and his cronies are declaring that they, and they alone, are the arbiters of rights - the constitution may be used as a supporting document when it suits them, or it may be ignored when it doesn't.

This is like kids making up new rules to suit themselves in the middle of the game - "no, you didn't really get me 'cause I have an invisible shield!"......... fucking laughable if it weren't the current reality of the Supreme Court majority.

[LaMouffette]

11. Or, could the leak be part of the radical right's long game of destroying the public's faith in

US government institutions? They have already convinced many Americans, through the Big Lie, that our electoral system is broken. Republicans' obstructionism has many Americans convinced that Congress is broken (and that it's the Dems fault!). Now the right is successfully convincing Americans on both the right and the left that the Supreme Court is illegitimate.

I feel like a conspiracy theorist writing this, but maybe the leak is all part of their grand scheme to break America so that the next authoritarian Republican president can easily waltz in with promises of fixing the country and take over everything.

[Walleye]

17. You could be right. The Court's legitimacy was already on shaky ground

If that’s the case, my conspiracy mind still thinks it must be Ginni Thomas. I would think she had the access to the whole opinion

[Eliot Rosewater]

13. If only people would've listen to those who warned us

If only people would’ve listen to those who warned us.

If only people had listen to those who said things like stop bashing Hillary, or the worst possible thing will happen and we better prepare for it.

This is only the beginning, much worse things are coming in November and after, but if nobody is talking about it we’re beyond fucked.

[maxsolomon]

15. Roberts should look inside his own staff.

Who else had motive?