The radical activists who leaked a draft majority opinion of a major Supreme Court decision that looks to overturn legal precedent on landmark abortion cases now face a serious investigation to ascertain their identities. Or so we are led to believe from a CNN exclusive report into the ‘unprecedented’ actions now being taken.
“Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks to provide cell phone records and sign affidavits,” three sources told CNN.
“Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel,” the report added.
However, it is dubious over whether Supreme Court clerks would have a reasonable expectation of privacy under such circumstances. The Supreme Court leak may be one of the most damaging scandals to hit the reputation of the court in generations.
“The court’s moves are unprecedented and the most striking development to date in the investigation into who might have provided Politico with the draft opinion it published on May 2,” the CNN report added. “The probe has intensified the already high tensions at the Supreme Court, where the conservative majority is poised to roll back a half-century of abortion rights and privacy protections.”
“Chief Justice John Roberts met with law clerks as a group after the breach, CNN has learned, but it is not known whether any systematic individual interviews have occurred,” the report noted.
In early May, 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 mob. The Democratic National Committee immediately dispatched fundraising emails. The entire episode smacked of a coordinated operation to expose the inner workings of one of the most secretive bodies in the world — all as a crude get-out-the-vote campaign.
The Supreme Court leakers have done tremendous damage to one of the few remaining institutions where Americans had any trust remaining. Those responsible for the Supreme Court leak need to be held accountable to the fullest extent possible if the nation’s highest court wants to see its reputation restored.
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OPINION: This article contains commentary which reflects the author's opinion.