Staffers Committed ‘Unforgivable Sin’ by Leaking Draft Decision to Overturn Roe v. Wade, Says SCOTUSblog

Leaked first draft of a majority opinion to overturn the abortion law caused a massive uproar Monday evening.

QUICK FACTS:
  • The Independent U.S. Supreme Court analysis group SCOTUSblog said the Monday leak of a majority decision by the court would cause an “earthquake” for court staff, who apparently leaked the opinion draft.
  • According to the group it is the “most unforgivable sin” for someone on the high court to have leaked any first draft opinion, and in this case the fact that it is on the landmark abortion law, Roe v. Wade, has tensions even higher.
  • However, the blog also seemed to believe that the document first published by POLITICO is indeed an authentic document written by Supreme Court Justice Samuel J. Alito.
BLOG’S TAKE ON THE LEAK:
  • “It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff,” SCOTUSblog said in its tweet about the document. “This leak is the gravest, most unforgivable sin.”
  • “The document leaked to Politico is almost certainly an authentic draft opinion by J. Alito that reflects what he believes at least 5 members of the Court have voted to support — overruling Roe,” the group went on to say in a tweet. But as Alito’s draft, it does not reflect the comments or reactions of other Justices.”
  • In another comment by the group, SCOTUSblog mused, “Those interested in who leaked the draft should wonder why Alexander Ward — a national security reporter — shares the byline. The leaker would insist that their identity be incredibly tightly held. Politico would not assign someone who didn’t have to be on the story.”
BACKGROUND:
  • A leaked document published by POLITICO late on Monday projected one of the biggest upsets in public policy since the 1970s when Roe v. Wade was decided. 
  • The first draft opinion was reportedly penned by Justice Samuel Alito and was what POLITICO called a “full-throated, unflinching repudiation of the 1973 decision” as well as the 1992 decision, that offered the unhampered abortion rights seen today.
  • President and CEO of Planned Parenthood Federation of America issued a statement saying “This leaked opinion is horrifying and unprecedented, and it confirms our worst fears: that the Supreme Court is prepared to end the constitutional right to abortion by overturning Roe v. Wade.”
  • News of the potential overturn of the landmark case has caused outrage amongst protesters and supporters alike who immediately gathered outside the Supreme Court building to have their say on an announcement.
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