Uniform Condemnation on The Right for Leaking of SCOTUS Draft Opinion

Politico’s bombshell reporting that published a draft opinion of a Supreme Court of the United States (SCOTUS) that will overturn Roe v. Wade is solid reporting. That does not mean that criticism cannot be leveled at the source of the leak. There has never been a breach like this in the history of SCOTUS. Its impact cannot be overstated. Observers of the court on the right pulled no punches on its impact.

For better or for worse SCOTUS was the last institution in the country that has not been completely politicized by woke politics. Certainly, there are political aspects to the court. The confirmation process is kabuki theater and judges clearly have political biases. But the truth remains that the norms of the court have held up well over the last two decades as political correctness and woke ideology worked its way from the campuses through the government.

Once law school professors began to honor calling on their students with their preferred pronouns, it was only a matter of time before a woke clerk took their place inside the court. There are two current theories around why there was a leak.

The first theory is that a liberal clerk leaked the draft to put extreme pressure on the five members of the court over the next couple of months before the final decision is due. On the surface this is the most likely outcome. It could be seen as a final effort to save Roe from a court that clearly has the votes to overturn it. Mini riots have already broken out in various parts of the country. We can expect more coordinated outbursts of social unrest over the summer. There have also been calls for people to go to the houses of the conservative justices on the court. Members of the court are human beings and could be swayed by such pressure.

A more exotic theory has emerged, that it was by one of the conservative clerks. This could have happened if during the daft process the majority lost a vote. The leak would have the effect of trapping the conservative justice back to their original vote so they would not appear to cave to the pressure.

In either case, it is a fascinating and sad situation. Ruthless politics has now saturated all aspects of our society, including the once venerated SCOTUS.