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In reply to the discussion: How We Know It Wasn't A Liberal Who Leaked SCOTUS Decision [View all]Justice
(7,264 posts)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 doesnt violate Caseys 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 cant, 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. Thats 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.
"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 doesnt violate Caseys 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 cant, 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. Thats 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.
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Actually, the blame would go to Clarence for allowing her to see it in the first place.
ificandream
May 2022
#28
He was released back on March 25. Do you think this was written as far back as that date?
ancianita
May 2022
#72
So, why, then, did in pop onto the what-ever-sphere in May? Was it the amazing predawn darkness?
jaxexpat
May 2022
#82
Hahaha. Sorry. I'm skimming trying to catch up on what I missed during my nap.
littlemissmartypants
May 2022
#98
No not contraception, that is evil! What about life begins at conception don't you understand Ginny?
Yoyoyo77
May 2022
#62
She was my top choice immediately. She's a loose cannon, and when he was hospitalized
pnwmom
May 2022
#70
There is something to that -Politico is not particularly popular with liberals.nt
jfz9580m
May 2022
#2
Yup, yup yup Surely Cruz's team couldn't have come up with his diatribe so quickly
Cozmo
May 2022
#12
Also, the liberals on the court respect the law and respect traditions on the high court.
FSogol
May 2022
#13
Link is below but it is a subscription so you can see entire piece. I've included a key excerpt
Justice
May 2022
#64
I think there is a damn good chance that it was Roberts himself that leaked it
hueymahl
May 2022
#20
There are others besides clerks who have access. Some IT staff have access to data, administrative
33taw
May 2022
#21
In one case where a final Supreme Court opinion was leaked it was a printer that was suspected...
PoliticAverse
May 2022
#85
I am not sure there is a crime associated with the release. It may be a personnel matter.
33taw
May 2022
#101
That editorial is completely about what happened in public during oral arguments.
former9thward
May 2022
#66
I read an on-line comment that suggested it was a FU to the conservatives by Justice Breyer. nt
in2herbs
May 2022
#40
It doesn't matter who leaked it if we don't fully take advantage of this faux pas
Submariner
May 2022
#52
What are the odds that Alito's "opinion" actually originated at Federalist Society?
FakeNoose
May 2022
#57
So the motive for the leak was "No Backsies!" to the majority justices. Possible, very possible. n/t
TygrBright
May 2022
#61
On the other hand there is some link between liberals at the court and Politico...
PoliticAverse
May 2022
#83
That's probably true, unless they are married to someone that worked for Politico...
PoliticAverse
May 2022
#91
My vote is for G Thomas, too. She has all the access and motivation. nt
allegorical oracle
May 2022
#93
Someone elsewhere thought it was Breyer bc he has nothing left to lose since he's leaving...
electric_blue68
May 2022
#95