Reply to “We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Has a decision ever been leaked like this before?  Seems kind of shocking this would happen.  The leak, i mean, not the decisoin. [/quote]

Probably a SC liberal law clerk for sure. To stir up trouble and get judges threatened.[/quote]

Informed speculation on Twitter was a sotomayor clerk[/quote]
NO surprise there
[/quote]

From NYT today:

“I would be wary of jumping to a conclusion that the leaker is necessarily someone who opposes overturning Roe v. Wade,” said Richard L. Hasen, a law professor at the University of California, Irvine.

Kermit Roosevelt, a law professor at the University of Pennsylvania, said the source was probably trying to increase the price of switching positions.

“In terms of who leaked it and why, it seems much more likely to me that it comes from the right in response to an actual or threatened defection by one of the five who voted to overturn Roe,” he said. “Leaking this early draft makes that more costly for a defector because now people will think that they changed their vote after the leak in response to public outrage.”

Professor Hasen said there was another benefit to the right from the disclosure of the draft opinion.

“This kind of leak could in fact help the likely future majority overturning Roe if it deflects the conversation to the question of Supreme Court secrecy and the danger of leaks to the legitimacy of the process,” he said. “That’s better than a conversation about the potential illegitimacy of overturning longstanding precedent allowing reproductive choice. It also could be intended to soften the blow by signaling to everyone the earthquake to come.”

https://www.nytimes.com/2022/05/03/us/politics/supreme-court-leak-roe-v-wade-abortion.html?name=styln-abortion-us&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&variant=show&is_new=false[/quote]

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