An important theory has surfaced as to the source of Roe’s loss, it is a humiliation for Republicans who claimed it could not have come from a conservative employee.
Video of NPR’s Nina Totenberg on ABC’s This Week:
Nina Totenberg on the source of the SCOTUS leak: “The main theory is a conservative employee who feared that one of the conservatives might be persuaded by Chief Justice Roberts to join a much more moderate opinion.” pic.twitter.com/TWzQmA1Uqm
– Aaron Rupar (@atrupar) May 8, 2022
NINA TOTENBERG, NPR LEGAL AFFAIRS CORRESPONDENT: Well, the way it’s seen is an earthquake and I think inside the court itself it’s an earthquake. There has never been a leak like this, there have been little, little springs to emerge from the court, reports of a provisional vote or misconduct by a judge in the 1950s, 1960s and 1970s.
There were that kind of leaks, but never a whole draft opinion from the majority, which had never occurred before. And it can only, in all likelihood, come from a judge, which I think is less likely, perhaps one of the clerks and the main theory is a conservative clerk who feared that one of the conservatives might be persuaded by Chief Judge Roberts to join an opinion. much more moderate, and then there’s another theory that he was an outraged liberal employee.
But I think the only thing that makes sense is that it came from someone who feared that this majority might not hold up, that Chief Justice Roberts might persuade one of the Conservatives to turn to him with a much more moderate opinion.
The theory was that the opinion was leaked to prevent Chief Justice Roberts from overturning a vote on a more moderate ruling that doesn’t completely overturn Roe.
Ted Cruz said only an idiot would believe a conservative employee would leak the opinion and that he knows the leak came from a liberal because “I’m not an idiot.”
It seems that all this nonsense was wrong and the most likely reason the opinion leaked is that conservatives are afraid that Roberts will keep Roe.
Mr. Easley is the managing editor. He is also a White House press pool and congressional correspondent for PoliticusUSA. Jason has a BA in political science. His undergraduate work has focused on public policy, with a specialization in social reform movements.
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