Roberts says leaked Alito draft opinion is authentic but not final, opens leak investigation

[BumRushDaShow]

Source: Washington Post


WASHINGTON, DC - OCTOBER 1: Chief Justice of the United States John Roberts escorts Associate Justice Amy Coney Barrett after an investiture ceremony at the Supreme Court on Friday, Oct. 01, 2021 in Washington, DC. (Jabin Botsford/The Washington Post)


Chief Justice John G. Roberts Jr. said in a statement Tuesday that the leaked draft opinion that proposes overturning Roe v. Wade is authentic but not final, and he is opening an investigation into how it became public.

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,” Roberts said. “The work of the Court will not be affected in any way.” While the statement said the draft provided to Politico was genuine, “it does not represent a decision by the Court or the final position of any member on the issues in the case.”

The Politico report said that five justices had decided to uphold a Mississippi law that would ban abortions after 15 weeks, and overturn the decision that established a right to abortion nearly 50 years ago.

The press release was another extraordinary development in the court’s normal procedures, which generally is to pay no attention to outside influences. It was a sign that Roe v. Wade is too important, and the breach of Supreme Court too monumental, to ignore.

Read more: https://www.washingtonpost.com/politics/2022/05/03/supreme-court-leak-investigation-abortion-roe-wade/

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Link to tweet

SCOTUSblog
@SCOTUSblog
JUST IN: The Supreme Court confirms the authenticity of the draft opinion revealed last night by Politico. The chief justice has ordered an investigation into the leak.
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11:19 AM · May 3, 2022

Original article -

Chief Justice John G. Roberts Jr. said in a statement Tuesday that the leaked draft opinion that proposes overturning Roe v. Wade is authentic but not final, and he is opening an investigation into how it became public.

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,” Roberts said. “The work of the Court will not be affected in any way.” While the statement said the draft provided to Politico was genuine, “it does not represent a decision by the Court or the final position of any member on the issues in the case.”

The Politico report said that five justices had decided to uphold a Mississippi law that would ban abortions after 15 weeks, and overturn the decision that established a right to abortion nearly 50 years ago.

This is a developing story and will be updated.

[RKP5637]

1. SCOTUS today is just another damn political party!!! n/t

[hueymahl]

34. SCOTUS has always been a political outfit

Only rarely has it not blown with the political winds throughout history, at least with regard to high profile issues.

[RKP5637]

36. Sadly, quite true! The scales of justice get a new weight alignment each political season.

[LetMyPeopleVote]

2. Supreme Court says yesterday's leaked report is authentic

Link to tweet

[RKP5637]

3. I still wonder if it was leaked on purpose to see the pulse of the nation before some final

decision will be made.

[infullview]

20. I wondered the same thing.

This may be a trial balloon to test public will. I think if outrage is big enough they may reconsider since it would be the end of conservative rule in this country after the next election.

[RKP5637]

23. SCOTUS is now a political arm of the GOP, so yes, I bet there are lots of strategy discussions

going on. I think in the US, priorities center on politics, money and power. People IMO come last unless influences for what TPTB want.

[machoneman]

30. Yep! Roberts himself through his clerk leaked it as a litmus test!

[RKP5637]

37. Yep!!! n/t

[Gore1FL]

4. That he is more worried about the exposure than the ruling says a lot.

"To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations." is laughable coming from the Chief Justice who has presided over so much of the undermining.

[Ray Bruns]

11. If he wants to see a betrayal

he should ask the three justices who testified they would uphold Roe and are now voting it down.

[llmart]

15. +1000

Let's not pretend Roberts is any more than a "concerned Susan Collins". He wants to appear to care about the law.

[RKP5637]

25. K&R!!! YES, He wants to appear to care about the law but pri #1 he is still an operative for the GOP

[Evolve Dammit]

26. sounds right

[The Grand Illuminist]

21. He'll just push back the ruling til mid November

As to not influence the election.

[jmowreader]

29. I don't think that's gonna work anymore

Now that this draft opinion is out, the liberals have a real reason to GOTV.

Poll after poll has stated the majority of the American people is fine with Roe, either because they support abortion rights or because they don’t approve of the government interfering in people’s personal lives to the extent a post-Roe Republican Party would. Now that it’s obvious the R’s are ready to turn America into a police state, Democratic politicians are going to look pretty good.

[Ms. Toad]

35. He can't.

Opinions on all cases heard during the term are released during that term (early July, at the latest).

[sakabatou]

39. Yup.

[gldstwmn]

45. Exactly. He has always been concerned with his legacy which has benefited us at times.

But now he will be remembered as the presiding Chief Justice when Roe V. Wade was overturned. I do not think he can stomach it.

[iemanja]

5. It's like Trump responding to news stories about his coddling up to Russia

by going after the journalists' sources. It's all about ignoring the underlying crime, which in this case is the Court's bastardizing itself to strip women of their rights.

[oldsoftie]

7. I still have a gut feeling that either Brett or Amy will follow Roberts.

And another question, if they allow the MS law; thats 15 weeks. How could they then just overturn Row? Doesnt there have to be a case to criminalize it in front of them to rule on?

[Hoyt]

12. Can't tell if it's a feeling or just hoping, but I think the final decision will be quite different.

Still not acceptable.

[groundloop]

24. Here's part of the leaked opinion..... they're basically saying Roe was invalid

The way I'm reading this is their contention is that since the right to an abortion isn't specifically mentioned in the Constitution nor codified by law that the Roe decision was invalid.

[Miguelito Loveless]

32. Alito explicitly states they are striking down both

Roe and Casey as bad law. He also takes swipes at the next laws he intends to overturn; interracial marriage, contraceptives, and gay marriage. Also, pretty much all privacy statutes since privacy is not mentioned in the Constitution.

Stick a fork in the Republic, it is done.

[onenote]

38. Overturning Roe is the extreme way of deciding the Mississippi case

The Court could, in theory, find a narrower argument for upholding the law. But there is a case in front of them that argues that the Mississippi law is valid because Roe was wrongly decided and should be overturned.

[BlueIdaho]

8. The Roberts Court is a Shit Hole Kangaroo Court

Pass it on…

[greenjar_01]

9. "Roe and Casey are unconstitutional pieces of shit that must be reversed!!!!" - Draft Opinion

"We don't consider abortion a right because it cannot be squared with the deep and abiding history of the American people!"

Oh, it's just a draft, it could go either way. Tra la la!

Jaysus, they take everybody for fools, don't they?

[minstrel76]

10. Too late

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,”

Sorry, Roberts. The "integrity" of your operations has already been undermined; by you and the other partisan hacks that were only able to sit on the highest court of the land because of political machinations of a fascist, Neo Confederate, insurrectionist, terrorist, extremist, sham of a political "party" that has declared war on women's rights and on anyone who disagrees with their backward, Christianist, dominionist, anti-science, anti-moral reasoning, and hateful worldview. Blessings to whoever the person was that leaked the draft, as they took a huge risk-possibly of their career and even their liberty, in order to further expose this kangaroo court for what it really is and to defend our democracy.

[llmart]

17. Great post!

"integrity of our operations" - Here's a little hint for Roberts - that ship sailed with the Gore v. Bush decision and went downhill from there.

[usaf-vet]

22. x1000

[bucolic_frolic]

13. He's one to use the word "betrayal", & the leaker gets the same privilege as Clarence, amiright?

No consequences to any of them. Who really has no consequences? Outgoing Justice.

[Faux pas]

14. Oh

NOW they care about ethics?????

[BradAllison]

16. LOL "integrity" n/m

[llmart]

18. I'm missing Justice Ginsberg more each day.

n/t

[FelineOverlord]

19. Leaks

The replies to this tweet by Robert Barnes (WaPo SCOTUS reporter) are fantastic.

Link to tweet

?s=20&t=ksMhg4GqkG99LwwAUuDeUw

Link to tweet

?s=20&t=ksMhg4GqkG99LwwAUuDeUw

[The Mouth]

27. There should be no 'leaks'

Because every Citizen should know *EVERYTHING* anyone working for our government does, the moment they do it, unless it involves a military battle in progress or the specific medical information of an otherwise identifiable person.

Everybody should know everything, with exceptions rare enough to be counted on two hands in the past 100 years.

[Evolve Dammit]

28. always infuriated at the leak and leaker, because the info is true and factual. How f'd up is that?

[twodogsbarking]

31. Standard operating procedure but yes it is f'd up.

[Scalded Nun]

33. Not one eyebrow raised when a sitting SCOTUS's wife, and possibly the sitting judge himself

engage in insurrection and attempted overthrow of our government, but a document leak is cause for full investigatory mobilization to find the real evildoers.

Sure says a lot about that court's majority.

[bucolic_frolic]

44. +1

[Marcuse]

40. Maybe Ginni is the leaker.

[Frances]

41. Could Ginni Thomas have leaked it?

[bucolic_frolic]

42. Matter for the FBI, no?

SCOTUS doesn't do investigatory work. Or at least I don't think it does.

[BumRushDaShow]

43. Somebody in there needs to investigate Ginni

... but I digress.

[Rebl2]

46. Hope an

over zealous Alito aide leaked it.

[malthaussen]

47. They were probably planning an official release on Mother's Day. n/t

[Emile]

48. They are acting like they are in the running to win a Oscar.

[Novara]

49. Roberts is just pissed off that his seething hatred for women is now clear for all to see

I can just about guarantee the final version of this opinion will be watered down in tone versus the seething tone in this draft.

Have you ever written a furious email to someone and then toned it down before you sent it? I have. It's cathartic to let out all of the vitriol. But by the time I hit "send," I've moderated my tone quite a bit.

Alito is pissed off that we got to see all his white-hot seething hatred for women in this draft. The leaker exposed him for the rabid misogynist many suspected him of being, but most of us had no idea it ran this deeply. That's why he is pissed off. He's been exposed in no uncertain terms.