The “leak heard ’round the world” is still reverberating some 15 hours or so after the report from Politico broke about the draft majority opinion from SCOTUS in which Justice Samuel Alito wrote in response to the the Mississippi pro-life case currently before the court that “We hold that Roe and Casey must be overruled.”
It is easy to speculate as to the identity and motive of the leaker. The predominant view to the right states that it was an aide to Supreme Court Justice Sonia Sotomayor. This would be a clear attempt to intimidate the other Justices in the same manner. The Minority Leader Chuck Schumer attempted to do this in March 2020. The left is hailing the leaker as a “brave” hero or something for breaching all kinds of protocols and betraying and destroying the trust and confidence of the court by leaking the draft to the media.
In a case such as this, it is almost unprecedented to have a leak come from within the halls or the SCOTUS. Unnamed sources have told reporters that the leak is putting the lives of Justices at risk. They are threatening their safety so much that they believe Chief Justice John Roberts may call upon the FBI for an investigation to discover the cause.
But though it appears as though both the right and left are in agreement on at least one aspect of this issue – that it was done by someone inside the halls of the SCOTUS, some prominent Republicans are raising questions about what the Biden White House may have known and when they may have known it.
Sen. Josh Hawley (R-Mo.) In tweets, Josh Hawley (Republican from Missouri) expressed concern. These tweets contained the clear suggestion that the White House might have known in advance of the draft majority opinion. Perhaps they even had it leaked to them.
The White House saw the leaked opinion prior to Politico publishing it.
— Josh Hawley (@HawleyMO) May 3, 2022
Are they able to identify the leaker?
— Josh Hawley (@HawleyMO) May 3, 2022
Hawley also suggested that Senate Democrats be “ready to answer” if they knew ahead of time about the leaked opinion:
Due to the coordinated attack by the Court on this matter, I do hope all Democrat Senators are ready and able answer questions about whether or not they were aware of it before Politico published. And if they have any information regarding the leaker.
— Josh Hawley (@HawleyMO) May 3, 2022
I think Hawley raises some good questions here, as the potential “benefit” of this leak for House and Senate Democrats is obvious. Brandon Morse, my co-worker, pointed out that the leak came at the right time. This is a period in which Democrats are struggling to unify and are losing ground. A topic of such magnitude might be able to mobilize voters, like young people who usually only vote in presidential elections. This could help Democrats drag Democrats over the finish line. Schumer and Biden are trying to keep their small majority in Congress.
However, Democrats have a problem, as I highlighted here. On the culture front, Republicans now have the edge. Democrats are being seen as far left regarding issues like defunding of police officers, teaching K-3 students about sensitive topics such as gender identity and orientation and what role parents can play in choosing the public schools that should teach their children.
It’s easy to foresee a scenario where the Democrat hyperventilating over this potential ruling ultimately backfires on them come fall – not just because of the culture war advantage for conservatives but also because this has been just as galvanizing if not more so for conservatives than it has been for liberals. Terry McAuliffe’s race for Virginia governor was lost again due to the arrogant far-left culture war warrior he displayed during his campaign. Trump won the 2016 election partly because conservatives needed someone to support them when they were choosing Supreme Court judges.
Trump achieved this and, assuming that the draft majority opinion is correct, Trump’s choices would bear the greatest fruits the conservatives could wish for.
That said, if it’s discovered that this leak came from the Biden White House – especially from someone higher up within the administration, or at the very least that they knew about it beforehand, both Biden and Harris can kiss They reelection chances goodbye as -assuming they regain their majorities – Republicans in the House and Senate will keep this issue front and center until Election Day 2024 with investigations galore, as they should.
Related:Capitol Hill Democrats Face Heartbreak as They Come to an Understanding About the Jan.6 Committee
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