Courts

Latest SCOTUS Leak Confirms It's All About Manipulation

This Court leaks like a sieve.

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MoveOn And Abortion Access Activists Rally Outside SCOTUS To Demand Keep The #BansOffOurBodies

(Photo by Paul Morigi/Getty Images for MoveOn)

Early this morning, Politico confirmed that Justice Samuel Alito’s brazen draft opinion in Dobbs v. Jackson Women’s Health, which drastically turns back the clock on reproductive freedom, is on track to become the law of the land. That’s because no other versions of the draft opinion have been circulated; additionally, no draft dissent has yet been floated amongst the Court.

Insiders continue to be happy to talk about the impact of the leak — while curiously silent on the impact of overturning Roe v. Wade on actual people:

“This is the most serious assault on the court, perhaps from within, that the Supreme Court’s ever experienced,” said one person close to the court’s conservatives, who spoke anonymously because of the sensitive nature of the court deliberations. “It’s an understatement to say they are heavily, heavily burdened by this.”

And, importantly, it’s been leaked that no justices currently in the majority have switched their vote — which may be the entire point after all.

As the Court continues to deal with the fallout from the leak, it’s becoming increasingly clear that the public pressure has solidified the right. They fear paying the price for appearing anything less than stridently right wing, as exemplified by Chief Justice John Roberts’s treatment in the Affordable Care Act decision. A point University of Texas School of Law professor Steve Vladeck made on Twitter.

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Note the irony of Clarence Thomas insisting the Court will not be bullied, while it looks like the leak’s purpose was to BULLY THE JUSTICES IN THE MAJORITY INTO STAYING THERE.

No wonder the leading guess as to the leaker’s identity has solidified around a conservative source. (Well, except for folks who are just being racist about it.) Adjust your bets accordingly.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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