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What If There Is No Majority To Overturn
Roe? An Alternative Theory Of The Supreme
Court Leak

Original Article

Posted By: Harlowe, 5/5/2022 11:15:56 PM

The immediate and most obvious speculation (including by me) was that the leak was by a liberal/leftist, likely a law clerk, trying to create a firestorm of protest that would pressure one of those five Justices to wobble, much like Chief Justice John Roberts reportedly switched his vote on Obamacare in 2012.(Snip)So an activist could leak using a false narrative that Alito represents the majority, can generate the protests and the energy in the base, can create an issue for the midterms, and at the end of the day, Roe survives, which can be spun as a victory for the protesters, proving the mob was able to intimidate the Justices.

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Reply 1 - Posted by: bamapreacher 5/5/2022 11:57:49 PM (No. 1147854)
I sometimes wonder if one of the conservative justices had someone leak the opinion, thinking it might be better for the country if the liberals got much of the bile out of their systems before the actual final opinion.
1 person likes this.

Reply 2 - Posted by: LaValette 5/6/2022 12:02:16 AM (No. 1147857)
Sounds too clever by a half.
10 people like this.

Reply 3 - Posted by: Vesicant 5/6/2022 12:16:10 AM (No. 1147864)
Not an impossible theory, but the problem is that the leaker's career is dead meat. Would a lefty throw away their career if Roe is going to be upheld? They could have achieved the same thing just by spreading "rumors from senior officials." Of course, the leaker will be a lefty hero and will get their own CNN show, so there's that.
6 people like this.

Reply 4 - Posted by: bighambone 5/6/2022 12:36:42 AM (No. 1147873)
If a Justice who was in the majority with the draft opinion now changes his or her opinion, that Justice will never live that decision down, and will be deemed by the lefties to be susceptible to their political and even violent pressure on into the future anytime a politically charged case coms before the court. What we have ongoing is a leftist conspiracy to undermine the Supreme Court that even the Biden White House politburo appears to support, because when asked they did not denounce the leak and its aftermath, thus appearing to be OK with the certain to be violent leftist activist riots that appear to be building up now. In that respect, all the White House politburo can do is blame Trump and his 70 million supporters, who Biden publicly called out as being the most extreme element of US society in modern U.S. history, even worse now than when Hillary Clinton called them out as being “Deplorables”. Rather than play footsie with the lefties until June, the Chief Justice should put the case on the front burner and issue the final opinion of the court imminently.
11 people like this.

Reply 5 - Posted by: DVC 5/6/2022 2:16:48 AM (No. 1147892)
Roberts has confirmed that this is real.
8 people like this.

Reply 6 - Posted by: Colonel Mustard Seed 5/6/2022 5:07:29 AM (No. 1147924)
Let’s be careful how we try to diagnose a leftist mob’s motivation. These are the same people who burn down their own neighborhood whenever their basketball team wins a championship, same as if they lose. Last week’s irrational response to the criminal leak would have been roughly the same if it were Sotomayor’s majority opinion for upholding Roe and/or a final decision, either way, released in June. Leftists riot. It’s all they’ve got. Except during inclement weather. Typically, leftists won’t inconvenience themselves with rioting in snow or heavy rain.
5 people like this.

Reply 7 - Posted by: ragenrylie 5/6/2022 7:42:43 AM (No. 1148018)
A leak from the conservative side to the left wing Politico doesn't make sense. Plus the liberals at Politico would immediately out whomever it was in attempt to ruin that person and potentially cause impeachment to the SC judge he/she clerked for. The left always destroys the right when given the chance
2 people like this.

Reply 8 - Posted by: lakerman1 5/6/2022 7:56:27 AM (No. 1148028)
remain under the opinion that the leaker is a foreign clerk who didn't intend to stay in the U,S. art the end of his clerkship, and therefore can't be harmed. That person would also be more likely to accept a bribe to release the document. Sotomayor, the most crazy leftist on the Court has a foreign clerk, an Indian from India.
1 person likes this.

Reply 9 - Posted by: chillijilli 5/6/2022 8:22:17 AM (No. 1148058)
Consider the timing. There's no way a conservative would risk getting caught in a massive political dirty trick NOW, just as we're heading into the midterms. The Demos, on the other hand, would like nothing better than to create chaos. Cue bono?
3 people like this.

Reply 10 - Posted by: thefield 5/6/2022 8:40:25 AM (No. 1148078)
Jan 6 attacks against people of the right
0 people like this.

Reply 11 - Posted by: Attila DiMedici 5/6/2022 8:54:26 AM (No. 1148088)
Some of you are missing the author's main point. He is suggesting that someone from the left released this opinion from Alito because it does not have majority support. So, while the leak is genuinely an opinion authored by Alito circulating among the Justices, the opinion may not have the support alleged for it. Perhaps, this is the concurring opinion (or a draft of it) that Alito will issue along with the final ruling which will uphold the Mississippi law without overturning Roe. If Roe is not overturned, the Dems will not have anything to motivate their base...but having this already in the public mindset would be better than nothing. I am not sure I buy his argument, but it has sound logic.
3 people like this.

Reply 12 - Posted by: kidsmom 5/6/2022 10:23:29 AM (No. 1148199)
I find his reasoning plausible. The early consensus was that the Mississippi law would be upheld and Roe would still stand. I hope I’m wrong. Let’s get the abortion decision back to the states.
2 people like this.

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