How We Know It Wasn't A Liberal Who Leaked SCOTUS Decision

[babylonsister]

https://crooksandliars.com/2022/05/how-we-know-it-wasnt-liberal-who-leaked

How We Know It Wasn't A Liberal Who Leaked SCOTUS Decision
Pay no attention to the right-wing outrage. It was clearly a conservative.
By Susie Madrak — May 4, 2022


Republicans like Ted Cruz and Mitch McConnell are shocked, shocked! that someone would leak Alito's draconian opinion overturning Roe v. Wade. They had their talking points ready, and pointed the finger at "radical leftists" inside the Court. (First clue: The only radicals clerking at the Court are right wingers.)

Joe Scarborough gives a pretty good explanation of why it was actually a pissed-off right winger who leaked the opinion (Morning Joe devoted the first half hour to the topic). He explains it was an attempt to lock in conservative support who might be wavering about the harshness of Alito's decision. That sounds right.

But I'll tell you how I knew: It was leaked to Politico.

Liberals don't leak to Politico, it's not even in the liberal media ecosphere. Liberals leak to the New York Times, or the Washington Post -- or maybe Mother Jones. Not Politico.

But here's the other thing: How did conservatives know the particulars of this decision before the leak? The Wall Street Journal's editorial page (another prominent right-wing mouthpiece) wrote an editorial about it the day before!

And how did Republicans all have their talking points organized so widely, so quickly?

Look: The kind of liberals who clerk at the Court are idealists, not troublemakers. The radical right wingers? We already know they feel entitled to win by any means necessary. This isn't even close.

But it probably wasn't a clerk. The most likely suspect is Ginni Thomas. And John Roberts knows it.

[yardwork]

1. I hadn't thought of Ginni Thomas. Sounds very possible.

Maybe it was a victory lap? She's seriously mentally ill, imo.

[InAbLuEsTaTe]

3. Wouldn't shock me in the least.

[PatSeg]

10. I hadn't either

But it makes sense to me.

[Achilleaze]

17. "Smirk" - The Thomas Clan, Inc. (R)

[ificandream]

28. Actually, the blame would go to Clarence for allowing her to see it in the first place.

Those decisions should be kept among the justices until they are released.

[pnwmom]

71. He was in the hospital. Maybe she was delegated to bring him a copy. nt

[ancianita]

72. He was released back on March 25. Do you think this was written as far back as that date?

If not, I believe the probability that he showed it to her and she leaked it, probably thinking Politico is some liberal site.

[pnwmom]

73. I read somewhere that the draft was written in February. n/t

[ancianita]

75. Ah, now I see. Thanks. The original doc shows it was circulated February 10.

I shouldn't have been so afraid to read it.

https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000

[jaxexpat]

82. So, why, then, did in pop onto the what-ever-sphere in May? Was it the amazing predawn darkness?

Or....could it be that it's a much more train-wrecky, whip-lashy, rubber-necky bit of bad news than the alternatives? What could be worse, you ask? Well, what if people were focused on the Ukraine foreign policy adventure some call, "Not WWIII---so far". You may recall it as the news thing which Joe Biden has prevented from becoming the, for-real, end of the world---so far, in a brilliant display of understanding both the socio-politico-economic ramifications and the basic humanitarian concerns the civilized world is "pee-pee dancing" about. If not that, then what if people were, for just a minute, focused on the 5-alarm fire which isn't happening at the Mexican border because an actual adult occupies the oval office, to spite and despite the fact of a challenged child in Austin. Should someone mention the disastrous trade war we don't have with Canada these days? Or the current reality that China has NOT invaded and is NOT invading Taiwan. American casualties of war in Afghanistan last week....zero. Yep, Joe has a few things to answer for.

Let the cessation of handwringing commence. There is actually little which could save the Democratic congressional majority from the "common knowledge", the "known fact", that "the sitting president's party ALWAYS loses the mid-terms", like the single Rudolf nose-like beacon of conservative over-reach illuminated by destroying Roe v Wade glued securely onto the minds of, at least, 60% of the American electorate. That glue may even adhere unto sometime in November. Oh, and BTW, there's a REAL possibility that a few "heroes of the Neo-confederacy" will be under oath on the Tee Vee next month answering questions about their failed 1/6/21 "Neo-1st Bull Run battle manifest as (same old) Appomattox" and we wouldn't want that to get out to page one, would we? Nope, no need to tune into that when there's sensational enough news playing midst the privacy of America's females, 24/7, from here to eternity, or June. Whichever comes first.

[littlemissmartypants]

92. I it's dated as circulated Feb. 10, 2022

You can read it here...

https://www.politico.com/news/2022/05/02/read-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504

❤

[ancianita]

97. I posted that two frames above. Eight hours ago.

[littlemissmartypants]

98. Hahaha. Sorry. I'm skimming trying to catch up on what I missed during my nap.

❤

[ancianita]

99. No worries.

[Texin]

36. Oh, I believe you're correct. Joe Scarborough posited that this morning.

And I believe it.

Funny. Ginny and Clarence don't have biological children together (but she is a stepmother to Thomas's son from a former marriage). I'd like to find out the circumstances of that. Whether they practice contraception and if she's ever been pregnant.

[Yoyoyo77]

62. No not contraception, that is evil! What about life begins at conception don't you understand Ginny?

[area51]

48. +1 n/t

[pnwmom]

70. She was my top choice immediately. She's a loose cannon, and when he was hospitalized

she probably had access to lots of stuff.

[jfz9580m]

2. There is something to that -Politico is not particularly popular with liberals.nt

Last edited Mon May 9, 2022, 11:04 PM - Edit history (1)

[EYESORE 9001]

15. Politico gets cited here on a daily basis

but your point stands.

[jfz9580m]

19. Yeah - I mean it is not as if it were like Breitbart or thedailycaller

It is a run of the mill, mainstreamish, middle of the road type of publication..

[mopinko]

42. there's usually at least one comment

pointing out the bias in those threads, tho.
i wish it was banned, but it's not bad to know what the other side it thinking.

[ificandream]

27. I disagree with this.

To shove Politico in with conservative media is dead wrong. Politico is not conservative. Or liberal for that matter.

[jfz9580m]

29. That is kinda what I meant

Apologies if I was not clear...I was trying to say that they would not be the first choice of a liberal leaker in all probability because they don't have the status that something lkke say the WaPo has and they are not particularly liberal leaning either. They are pretty middle of the road...of course, I suppose it is possible that a liberal chooses them for that reason in particular but I still think then the first choice would be something like WaPo or even the NYT.

[ificandream]

34. No, I saw what you said. I agree with you.

And the whole idea of which media outlet to choose for a leak borders on conspiracy theory to a certain extent. Fox loves to pigeonhole its competition. That's not something that we as smarter thinkers should be doing unless, like Fox and Breitbart, it's painfully obvious.

[jfz9580m]

47. True...I had not really thought about it that way

And the whole idea of which media outlet to choose for a leak borders on conspiracy theory to a certain extent. Fox loves to pigeonhole its competition

You are right..that hadn't occurred to me....I agree with you.

[mopinko]

43. they're conservative for the most part, w enough 'liberals' to cover that up.

their straight reporting is usually pretty good, but the playbook is flat out thug.

[Buckeyeblue]

4. That's who I think did it. With Clarence's help.

For her it is both a victory lap and a "you better not change your mind" clinched fist at the others. I wonder if someone was having second thoughts?

But for Ginni, it's a "I told you I could deliver" moment. Every good sales person reminds their client how much they've helped them.

I bet her fee just went up.

[liberalla]

5. All very good points... this is the most likely explanation IMO.

[gab13by13]

6. So what!

What law was broken? Move on from this.

[Ferrets are Cool]

7. I don't really care. Do you?

In all seriousness, I don't care. Why should we care? It won't change anything.

[Sympthsical]

8. I don't get why people are writing articles like this

I mean, I know why - clicks and content.

But, I have seen so many articles on this topic. Weirdly enough, the speculation has generally been running towards, "The leaker is someone who will fit my narrative." I mean, the coincidence of it all!

We're going to find out who did it, liberal or conservative. This isn't a secret that's going to be kept. Someone just immolated their career. But it seems like a waste of time to spend so much time on, "Here's my detailed reasoning for why it's someone I want it to be." It's one thing to idly speculate in conversation as many of us have done here (me too).

But man, the sheer volume of ink being spilled over speculating on something we will concretely know sooner rather than later.

[ificandream]

37. It's what keeps social media running, unfortunately.

[ShazzieB]

45. People can't resist trying to solve a mystery.

And this is a pretty darned huge one. It's a puzzle, a guessing game, and it doesn't surprise me that a lot of people are eager to play.

I haven't been inclined to speculate on this particular thing myself, but there have been plenty of times when I have been an avid guesser about something in the news. And the times when I've eventually been proven right, the "Ha! See, I told you!" feeling is delicious.

Some people just can't resist trying to get to the bottom of something like this. And for those in the media, think of the bragging rights when the truth comes out, for those who guessed correctly.

[Sympthsical]

53. Yeah it is

But I would just once like to see an article that isn't written expressly to reinforce narratives and desired outcomes. Where's my Mother Jones columnist saying, "Guys, I think this might have been one of ours."

There's speculation, and then there's, "Here's why this fits perfectly within our preconceived notions and beliefs as all things invariably do."

It sometimes feels like I bought a Roomba and put an Alexa on it that rolls around the house telling me how right and awesome I am all day.

Which, now that I think about it . . . Note: Buy a Roomba and a speaker.

[IronLionZion]

9. Ginni certainly has the privilege and entitlement for it

and no chance of Clarence recusing himself from the case due to conflicts of interest.

There should be some sort of punishment for Ginni though.

[ShazzieB]

54. She has the motivation all right.

She also has a lot less to lose than most of the people with access to this document. It's hard to imagine a clerk, for example, risking their entire career for something like this. (Maybe not absolutely impossible, but pretty darned hard.)

Ginni, otoh, has shown that she has very few scruples when it comes to getting what she wants, and she doesn't have a legal career to torpedo.

If it does turn out to be her, though, I think the pressure on Clarence to resign from the court will be pretty intense, and I look forward to watching him squirm.

[IronLionZion]

63. Those two are not getting any younger

so any loss of careers would just be retirement for them anyway.

[ShazzieB]

74. Right.

And he'll have his SCOTUS pension till he croaks, so there's that.

[sop]

11. I can't believe poor, misunderstood Ginni had anything to do with it.

(From Washington Free Beacon interview) “Clarence doesn’t discuss his work with me, and I don’t involve him in my work." Well, that settles that. It must have been Ketanji Brown Jackson.

[Cozmo]

12. Yup, yup yup Surely Cruz's team couldn't have come up with his diatribe so quickly

[FSogol]

13. Also, the liberals on the court respect the law and respect traditions on the high court.

The repugs are essentially howler monkeys flinging feces. The leaker is Gini Thomas taking a victory lap.

[flying_wahini]

14. I said that it was Ginny yesterday but I was joking.

Really going to love this one, if it was her.

[PRETZEL]

16. Along the same lines

as the OP, this is from a former SC clerk,

https://threadreaderapp.com/thread/1521494553877962754.html

[dweller]

18. Anyone have a link

to the WSJ (Wall Street urinal) article referred to above ?

✌🏻

[former9thward]

26. No, because its false.

I subscribe and there was no article (or editorial ) the day before about this.

[babylonsister]

35. No it's not. See response #18, and maybe

clue us in since you subscribe.

[former9thward]

59. It is false.

The response cites an editorial from April 26 , not the "day before" which is what the OP says. The editorial is a typical general opinion piece on a SC case which the WSJ runs on SC cases as does the NYT and Wash Post and other major newspapers.

[SouthBayDem]

32. It has a hard subscriber only paywall nt

[babylonsister]

33. Yes, here,

referenced in a more current article, here. I don't pay for their site, so can't read most of it.

This is the editorial C&L referenced...
https://www.wsj.com/articles/abortion-and-the-supreme-court-dobbs-v-jackson-mississippi-john-roberts-11651009292?mod=article_inline

More current article...
https://www.wsj.com/articles/the-supreme-court-leak-on-roe-v-wade-samuel-alito-john-roberts-abortion-draft-opinion-11651605792?mod=hp_opin_pos_5
The Supreme Court Leak on Roe v. Wade
Justice Alito’s careful draft opinion finally grasps the Constitutional nettle on abortion.

[former9thward]

58. No, the OP said "the day before"

April 26 is not the day before and is a general editorial on the case which is similar to many editorials they run on SC cases. As does the NYT and Wash Post, etc.

[Justice]

64. Link is below but it is a subscription so you can see entire piece. I've included a key excerpt

https://www.wsj.com/articles/abortion-and-the-supreme-court-dobbs-v-jackson-mississippi-john-roberts-11651009292 Published in paper on April 27.

"Judging from the Dec. 1 oral argument in Dobbs, the three liberal Justices would bar the Mississippi law that bans abortion after 15 weeks as a violation of Roe and Casey. Justices Thomas, Neil Gorsuch and Samuel Alito are likely votes to sustain the law and overturn both precedents. Justices Kavanaugh and Barrett seemed, in their questioning, to side with the three conservatives."

"But Chief Justice John Roberts tried during the oral argument to find a middle way. He appeared to want to sustain the Mississippi law on grounds that it doesn’t violate Casey’s test of whether there is an “undue burden” on the ability to obtain an abortion. If he pulls another Justice to his side, he could write the plurality opinion that controls in a 6-3 decision. If he can’t, then Justice Thomas would assign the opinion and the vote could be 5-4. Our guess is that Justice Alito would then get the assignment."

"The Justices first declare their votes on a case during their private conference after oral argument, but they can change their mind. That’s what the Chief did in the case in 2012, much to the dismay of the other conservatives. He may be trying to turn another Justice now."

My view: Roberts was trying to sway one of the 5 to his position and someone on the right released Alito's opinion to spoil that effort.

[hueymahl]

20. I think there is a damn good chance that it was Roberts himself that leaked it

Maybe not Roberts talking to the reporter, but one of his clerks/go-betweens.

Why? Mostly just a gut feeling. Look at how Roberts has ruled recently. Been often the swing vote between liberal and conservative causes. Perception is he is losing control of the court with the heavy conservative bent. Understands the terrible effect this will have not only on the nation but precedent for dozens of other branches of privacy cases. Wants to mold the narrative. Is the face of the court publicly. Thinks this is an important enough issue that this is the best way to pressure the weaker hands of the majority to join his middle route before it is final.

Could be 100% wrong. But we are all shooting in the dark anyway!

[mopinko]

49. well, i think you're not wrong that roberts wont like this.

he seems aware of popular opinion court, but also his own opinion of how these yahoos have behaved on the court.
has enough sense of decency left to be embarrassed, but i dont think enough to do anything about it.

[localroger]

56. This was my first impression as well /nt

[33taw]

21. There are others besides clerks who have access. Some IT staff have access to data, administrative

staff also have access. Clerks and Admin Staff are likely tracked, IT staff can cover their tracks much more easily.

[PoliticAverse]

85. In one case where a final Supreme Court opinion was leaked it was a printer that was suspected...

There have be a couple of cases where printers were charged with insider trading based on material they had access to.

Then there's always the cleaning staff...

[33taw]

101. I am not sure there is a crime associated with the release. It may be a personnel matter.

[ismnotwasm]

22. Politico is generally dogshit

So point taken for sure

[ificandream]

41. Millions of readers disagree with you. Me for one.

[ismnotwasm]

46. Yeah.

I know.

[dchill]

23. They are ALWAYS outsmarting us!

[tavernier]

24. They got caught trying to pull off their usual sneaky BS.

They’re used to getting away with it, but suddenly it’s dawning on them that this time they may have crossed the Rubicon.
Oh well.

[former9thward]

25. The WSJ did not write an editorial about this the day before.

That is simply false. I subscribe and its false. I guess that is why there is no link to the allegation.

[ificandream]

31. There's also the unfounded accusation that Politico is conservative.

That's not true, either. I think this writer is just dabbling in bullshit with some of her conclusions here.

[babylonsister]

39. The editorial ran April 26. nt

[former9thward]

60. That is not the "day before"

The allegation is false. They run a typical editorial which they often do on SC cases. As other major newspapers routinely do.

[Justice]

65. Editorial ran in paper Friday April 27. Leak happened Monday May 1. See below

Editorial posited that Roberts was trying to persuade one of the 5 conversatives to take his view and not vote with the majority.

"If [Roberts] pulls another Justice to his side, he could write the plurality opinion that controls in a 6-3 decision. If he can’t, then Justice Thomas would assign the opinion and the vote could be 5-4. Our guess is that Justice Alito would then get the assignment."

"The Justices first declare their votes on a case during their private conference after oral argument, but they can change their mind. That’s what the Chief did in the ObamaCare case in 2012, much to the dismay of the other conservatives. He may be trying to turn another Justice now.

"We hope [Roberts] doesn’t succeed—for the good of the Court and the country."

https://www.wsj.com/articles/abortion-and-the-supreme-court-dobbs-v-jackson-mississippi-john-roberts-11651009292 (subscription required)

[former9thward]

66. That editorial is completely about what happened in public during oral arguments.

You left that part out. Other papers have ran similar type editorials on the case reflecting their view on oral arguments. The OP tried to paint an editorial from April 26 as part of a conspiracy involving the release of the draft. BS.

[ificandream]

30. Don't blame Ginni. Blame Clarence.

Why would he even discuss this with her before the decision is announced? Decisions should be kept among the justices and not discussed with outsiders before they are released. Especially one as significant as this.

[tenderfoot]

38. It was probably Alito himself

eom

[in2herbs]

40. I read an on-line comment that suggested it was a FU to the conservatives by Justice Breyer. nt

[Wounded Bear]

44. K & R...nt

[jrthin]

50. I am disappointed and disgusted that it wasn't a liberal

who leaked this. That a liberal would sit by and watch this happen is appalling!

[brooklynite]

51. Meh...

"Politico is a right wing rag" is such a lazy cliche. Politico reports on political news; I've posted stories from them with regularity, and they shine positive and negative lights on both Parties.

Simple question: if the decision had been leaked to the Washington Post or MSNBC or Mother Jones, how would the reaction have been any difference.

[Submariner]

52. It doesn't matter who leaked it if we don't fully take advantage of this faux pas

to keep and extend our congressional majorities 6 months from now.

If we don't milk this for all its worth then this country truly is in trouble and could end the Democratic experiment as it's sometimes called.

[bucolic_frolic]

55. The leak was made to distract from the policy change

Last edited Wed May 4, 2022, 03:44 PM - Edit history (1)

[SoonerPride]

80. I came to post this comment.

They got people talking about the LEAK instead of ending Roe.

Mission accomplished.

Flood the zone with bullshit and bury the lede.

[PoliticAverse]

84. That would be a sophisticated level of mis-direction. n/t

[FakeNoose]

57. What are the odds that Alito's "opinion" actually originated at Federalist Society?

If not there, then some other crazy rightwing think-tank. That's all they do now, they write "what-if" analyses and hand them off to high-level Repukes who pretend it's their own work.

[PoliticAverse]

86. They had 50 years to work on this. n/t

[TygrBright]

61. So the motive for the leak was "No Backsies!" to the majority justices. Possible, very possible. n/t

[C Moon]

67. It certainly succeeded in burying the Jan. 6th trials.

[Kid Berwyn]

69. BINGO!

Seems treason by a president and much of the GOP would ah trump this story and all other news, but, hey! This is how Friendly Fascism functions.

Plus it names the 5 just-uses who would overturn Roe. I agree with those who think that public naming will freeze their support when the final decision is rendered.

[ificandream]

76. Hadn't thought of this, but it makes a little sense.

I wouldn't be surprised if that was the scheme they're trying to play out here. But I hope that the committee fights back with some dynamite of their own.

[Progressive dog]

77. Almost certainly it was Ginni Thomas. nt

[homegirl]

79. Jusy a few numbers..

As of May 2021:

Abortion should be legal under any circumstances 32%

Legal only under certain circumstances 48%

TOTAL 80%

illegal in all circumstances 19%


What Do You Think It Is Today?

[Tommymac]

87. Details about source, & links please.

Without which those items are just symbols on a page.

[homegirl]

94. Check for yourself...

59% of Americans say abortion should be legal - Pew Research ...
https://www.pewresearch.org/fact-tank/20... -
May 6, 2021 ... In the latest survey, Democrats and Democratic-leaning independents are 45 percentage points more likely than Republicans and Republican leaners ...
Public Opinion on Abortion | Pew Research Center
https://www.pewresearch.org/religion/fac... -
May 6, 2021 ... The vast majority of liberal Democrats and Democratic leaners support legal abortion (89%), as do seven-in-ten conservative and moderate ...
Abortion | Gallup Historical Trends
https://news.gallup.com/poll/1576/aborti... -
Americans' satisfaction with the nation's abortion policies is at a two-decade low of 24%, while the percentage who are dissatisfied because they believe the…
Key Facts on Abortion - Amnesty International
https://www.amnesty.org/en/what-we-do/se... -
KEY FACTS ON ABORTION · People have abortions all the time, regardless of what the law says · Criminalising abortion does not stop abortions, it just makes ...
Majority Of Americans Support Abortion, Poll Finds — But Not Later ...
https://www.forbes.com/sites/alisondurke... -
Jun 25, 2021 ... A recent Gallup poll found 47% of Americans now believe abortion is “morally acceptable,” which marked a record high, and 58% of Americans do ...

[Laura PourMeADrink]

81. We are very naive to think that they are all in cahoots over this

If they stack the court then they all know. How they all knew about January 6th and didn't say anything.

Have to give them credit they know how to keep their shit quiet

I do think leaking it to politico is not a good argument though. If it was a liberal and they wanted it out there what better vehicle that appeals to people on both sides than politico.

I still like my theory, of course LOL. That opinion was written in February and I bet you any money they don't have a majority anymore. So my guess is that they are trying to embarrass the one (s) who have backed out.

[PoliticAverse]

83. On the other hand there is some link between liberals at the court and Politico...

One of the clerks for one of the liberal Justices is married to someone who worked for Politico.

[Hassler]

88. Many people are saying it's Gonni Traitor Thomas

[catrose]

89. That was my first thought. Liberals don't go to Politico.

So now I wonder: They want us to focus on this. What don't they want us to see?

[PoliticAverse]

91. That's probably true, unless they are married to someone that worked for Politico...

perhaps.

[malaise]

90. Gin & Tomic😀😀😀😀

https://www.democraticunderground.com/100216657221

[allegorical oracle]

93. My vote is for G Thomas, too. She has all the access and motivation. nt

[electric_blue68]

95. Someone elsewhere thought it was Breyer bc he has nothing left to lose since he's leaving...

...it certainly gives people more time to react, counter plan, set up funds for helping income women, try to get Congress for a Rights bill, etc

[LeftInTX]

96. The leaker could have been a politically neutral clerk

Alito's tirade is so disturbing, I would want to leak it too. Clerk could have been working for any justice.
Maybe the clerk was a conservative at one time and was now totally fed up with the GOP. It happens, especially after January 6th.

[Sick_n_Tired]

100. Occam's razor

Perhaps the leak to Politico isn’t nefarious or Machiavellian but like the original Roe decision “leak” back in ‘73, it simply a friend telling a friend. The fact that the friend happens to work for Politico is just circumstance; had the friend worked for WaPo then WaPo would have broken the story.