The Leak

On Monday, Politico reported that they have obtained an initial draft majority opinion written by Justice Samuel Alito that strikes down Roe v. Wade. This is an unprecedented leak.

Here is what we actually know:

1. The draft is from February–it is a draft–not a final decision. Votes could change.

2. Whoever leaked this will be disbarred. If it is a Republican, the person will have a lifelong problem finding a job in the legal profession. If it is a Democrat, the person will be promised a lucrative career somewhere in Democrat politics.

3. This is a first. Up until now, everyone who worked in the Supreme Court bureaucracy respected the institution enough not to leak.

Here is my speculation:

1. This was leaked to energize the Democrat base for the mid-term elections–it is a desperate move.

2. Within days, Congress will move to pack the Court in an effort to intimidate the Justices and change the decision indicated in the draft.

Yesterday, Breitbart reported the following:

Turley (Jonathan Turley, criminal defense attorney and Shapiro professor of public interest law at George Washington University) noted that if Politico indeed obtained a true copy of the drafted opinion, “it is hard not to view this as a malicious act.”

“What is the motivation of releasing such a decision? The only intent of such a leak is to trigger a response from outside of the Court,” he continued. “…This draft is from February and the majority can shift on such opinions. However, the act of leaking such a draft opinion ranks as an original sin for judicial ethics.”

He surmised the leak could be an effort to “pressure the Court and push the legislation in Congress on a federal abortion law before the midterm elections. It will also likely renew the call for court packing.”

This will get heated, but the lives of Americas future generations are on the line.