Before the Supreme Court of the United States rendered its decision on the failed abortion bill, there was an unprecedented leak of Justice Samuel Alito’s written opinion on the topic.
Leakage of the draft opinion to Politico.
“The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right,” the outlet reported.
Alito’s proposal pointed out the weakness in the original judgement and seeks to correct it.
Alito wrote in the “Opinion of the Court” that Roe was erroneous from the beginning.
At the time, the nation’s top court acknowledged that a “copy of a draft opinion in a pending case” had been released, but stressed that it “did not reflect a judgment by the Court or the final position of any member on the case’s issues.”
The disclosure of information prior to the ruling’s completion generated confusion and outrage.
Such a disclosure of SCOTUS discussions has never occurred previously.
Some wanted to know quickly who had released information from the nation’s top court, while others, oddly, believed that the leaker should not be identified.
The Washington Times reported that former law clerks from both sides of the Supreme Court were shocked when Justice Samuel L. Alito Jr.’s draft was posted online. However, they differed on whether the court should identify the culprit and punish the leaker to prevent future disclosures of controversial cases.
“And despite the magnitude of the breach of high court etiquette and procedure, some think the mystery may never be cracked — or at least revealed to outsiders,” the report added.
And over four months after the disclosure, the leaker’s name remains unknown.
“If they haven’t identified the person by now, they aren’t going to make it public. I don’t think the public will find out,” said Carolyn Shapiro, a former clerk for retired Justice Stephen G. Breyer.
More on this story via The Republic Brief:
One Republican lawmaker recently speculated that the Supreme Court’s liberal-leaning justices are likely aware of who the leaker is.
“We all could probably agree that the justices that were appointed by Democrat presidents know who the leaker was,” he said. “What bothers me, it’s not only the undermining that it did of the institution and the trust factor that these folks have with each other,” it’s that now that the trust is broken, “it’s very difficult to restore it.”
Rosendale said he believes the person or persons who released the information will be revealed; that it may take time, however. CONTINUE READING…