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The Hunt for the Suspect in the Supreme Court’s Opinion Leak is Fully On

The Federal Bureau of Investigation can no longer be trusted to investigate crimes — even devastating leaks that sabotage the nation’s highest court. The Department of Justice can no longer be trusted to deliver “justice,” except as a mockery to Americans’ constitutional rights. The corporate news media can no longer be trusted to provide credible information in the interest of preserving the country’s most venerated institutions.

Thus, Americans are taking it upon themselves to hunt down any suspects who undertook the extreme, unprecedented act of leaking Supreme Court documents pertaining to some of the most divisive cases and subject the culprits to further scrutiny.

On Monday night, an unprecedented leak of a preliminary majority opinion that would strike down the abortion cases Roe v. Wade and Planned Parenthood v. Casey was aired in the beltway insider publication Politico.

The article was authored by Josh Gerstein and Alexander Ward, who claimed to have “received a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”

The document leak was accompanied by the mobilization of protesters around the Supreme Court, whose police officers erected barricades to keep out the fomenting mob. The Democratic National Committee dispatched fundraising emails — as if right on cue. The entire imbroglio smacked of a sophisticated operation to penetrate one of the most secretive bodies in the world and expose its inner workings for crude political fodder.

One of the prime candidates for a leak at the Supreme Court is “the wise Latina” Justice Sonia Sotomayor. Republican strategist Matt Wolking explained why Sotomayor’s office is suspect and one potential linkage.

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“A person called Amit Jain clerks for Supreme Court Justice Sonia Sotomayor,” Wolking notes. “As a Yale student, Jain blasted Yale for supporting Brett Kavanaugh’s nomination. Jain was quoted in a 2017 Politico piece by Josh Gerstein. Today, Gerstein published the draft SCOTUS opinion on Roe.”

This is obviously not definitive proof. However, this would not be the first time Sotomayor’s office would be at the center of controversy surrounding an ostensible Supreme Court leak, albeit nothing of the magnitude of a preliminary majority opinion striking down Roe.

“If it is proven that Sotomayor’s office was behind the leak — and that’s still an if — it wouldn’t be the first time this year her office appeared to be behind a political leak,” he added. It involved a kerfuffle over Sotomayor’s alleged demand that all justices wear a mask.

“Now, though, the situation had changed with the omicron surge, and according to court sources, Sotomayor did not feel safe in close proximity to people who were unmasked,” NPR claimed based on an inside source. “Chief Justice John Roberts, understanding that, in some form asked the other justices to mask up.”

“They all did,” NPR continued. “Except Gorsuch, who, as it happens, sits next to Sotomayor on the bench. His continued refusal since then has also meant that Sotomayor has not attended the justices’ weekly conference in person, joining instead by telephone.”

“On Wednesday, Sotomayor and Gorsuch issued a statement saying that she did not ask him to wear a mask,” the report added. “NPR’s report did not say that she did. Then, the chief justice issued a statement saying he ‘did not request Justice Gorsuch or any other justice to wear a mask on the bench.’ The NPR report said the chief justice’s ask to the justices had come ‘in some form.’ NPR stands by its reporting.”

The surreal episode suggests there is a radical mole familiar with Sotomayor on the court who feels compelled to defend the justice and her decisions. It was disturbing foreshadowing for the Supreme Court leak on Monday.

However, there is an alternative explanation being floated that would exonerate all of the clerks, while once again displaying the insecurity of the nation’s data infrastructure: A hack. It should be noted, first of all, that the documents were photoscanned and not in digital ready format.

“Hack of the Supreme Court’s email must be presumed, even if that turns out to be inaccurate after a full investigation,” Mike Cernovich argued. “This is far too important an issue to speculate that it was a leak. Immediate Special Counsel appointment, unlimited budget.”

Whether it is a hack or a leak from a partisan clerk, the American people should be able to rely on its premier law enforcement agencies to vigorously seek out the suspects with the aim to prosecute to the fullest extent of the law. But knowing the political inclinations of the Biden administration, there is no reason to believe  the federal government will seriously hold anyone accountable for this inexcusable breach of the nation’s once-esteemed court.

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OPINION: This article contains commentary which reflects the author's opinion.