Originally Posted by
Parkbandit
I hope they figure out which woke ass liberal leaked this ruling and make an example out of them.
The identify and motivation of the leaker is nearly as interesting as the change in the law. Several possibilities..
- It's COVID's fault. The judges have been working from home because of COVID. It's not hard to image that some of the older judges may have needed help from their family to use their computer. Given access to the biggest secret in Washington, those family members may have found it hard to keep the secret. Most likely candidates are Breyer, Thomas and Alito.
- The leaked opinion is the final decision, and the leak was a political move by a pro-choice person. A judge, clerk or the romantic interest of a judge or clerk who is pro-choice could have leaked it. Leaking it would have the effect of forcing Republican primary candidates to take positions today in favor of the leaked opinion, making it harder to move to the middle during the general election. By now, the person who leaked it will know whether or not the leaked opinion from February is likely to be the final decision.
- The leaked opinion is not the final decision, and the leak was by a pro-life person. The leaker or the leaker's romantic interest could have leaked it to blunt the political backlash. If people get worked up over a rumored overturning of Roe but the final decision just cuts back at Roe, then the political backlash when the decision is finally released will be less.
- Conservative judges are wavering, and the leak was by a pro-life person. With a five person majority, Alito cannot afford to lose a single vote. If one of the five judges who appears to have joined the draft opinion is wavering, then leaking the opinion will make it hard for the wavering judge to withdraw, because withdrawing form the opinion would appear to be a concession to public pressure. In this scenario, the wavering judge would have to be Barrett, Kavanaugh and/or Gorsuch, and the leaker would be someone other than one of those three.
- The court was hacked. Probably Russia.
Whatever it was, I agree that the leaker needs to be identified. Chief Justice Roberts is not qualified to conduct the investigation himself. He needs to call in some experts from the FBI.
And get ready for the backlash! If the leaked opinion is the final decision, then it's going to be the biggest backlash to a court decision since Brown v. Board.
There are decades where nothing happens; and there are weeks where decades happen.