As rowdy left-wing protesters congregate outside the Supreme Court, questions are swirling in Washington today — above all, who leaked the Court’s initial draft opinion that would overturn Roe v. Wade?
Now, in response to the unprecedented breach of the Court’s secretive deliberation process, Chief Justice John Roberts has ordered an investigation to find the leaker(s) for violating an “egregious breach of trust.”
Roberts also confirmed the draft opinion’s authenticity.
The Detriot Free Press further reports:
In the high court’s first public comment since the draft was published late Tuesday, Roberts said “Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.”
In a statement, he said, “To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed.”
He added: “I have directed the Marshal of the Court to launch an investigation into the source of the leak.”
President Joe Biden said Tuesday that the “basic fairness and the stability of our law demand” that the court not overturn Roe.
In a statement from the White House, Biden called on Congress to codify Roe into law and elect more pro-choice officials.
Read the full statement below:
FOR IMMEDIATE RELEASE
May 3, 2022
Statement by President Joe Biden
We do not know whether this draft is genuine, or whether it reflects the final decision of the Court.
With that critical caveat, I want to be clear on three points about the cases before the Supreme Court.
First, my administration argued strongly before the Court in defense of Roe v. Wade. We said that Roe is based on “a long line of precedent recognizing ‘the Fourteenth Amendment’s concept of personal liberty’… against government interference with intensely personal decisions.” I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned.
Second, shortly after the enactment of Texas law SB 8 and other laws restricting women’s reproductive rights, I directed my Gender Policy Council and White House Counsel’s Office to prepare options for an Administration response to the continued attack on abortion and reproductive rights, under a variety of possible outcomes in the cases pending before the Supreme Court. We will be ready when any ruling is issued.
Third, if the Court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose. And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.
Biden is slated to speak in Alabama later today where he will likely broach the topic of abortion.
As for the leaker or leakers’ identity, speculation has run rampant on Twitter. Many conservatives speculate that someone from Justice Sonia Sotomayor’s office, arguably the Court’s most outspoken partisan, leaked the draft as a last-ditch effort to apply public pressure on the majority.
Others find the Occam’s razor analysis unlikely, given that Justice Alito’s initial draft opinion for the majority was shared with members of the Court and their staff on Feb. 10. They further argue that if the leaker’s intention was to motivate Democrats ahead of a difficult midterm election, the leak could have been timed far better. One blogger also noted that the leak makes it harder for conservative justices to reverse their decision.
So, what do you think? Which justice’s office do you think may be behind the leak and will it hurt or help Democrats in the midterms? We look forward to reading your thoughts below!