The Roe v Wade Supreme Court Leak: Is it a Crime?

Headline Roundup May 4th, 2022

Should the leak of a Supreme Court draft opinion be considered a federal crime?

Politico (Lean Left bias) leaked an initial draft majority opinion late Monday night that revealed the Supreme Court has voted to strike down Roe v. Wade, which guaranteed the right to abortion nationwide. The outlet later published an analysis that highlighted how a Supreme Court breach is "very rare." Multiple outlets including Reuters (Center bias) have cited experts that predict "chaos" to ensue inside the Supreme Court and "unpredictable consequences." 

Left-rated voices were more likely to criticize the Supreme Court's objective to repeal Roe v Wade. Jesse Wegman emphasized in The New York Times (Left bias) how the leak resembles "the accelerating collapse of another American institution" and that the Supreme Court is "fanatically secretive about its deliberations." New York Magazine (Left bias) argued that the leaker has done a "public service" by damaging the Supreme Court's "mystical aura of legitimacy at precisely the moment when it deserves to be damaged." 

Right-rated voices were more likely to be frustrated by the leak itself rather than the content within it. Fox News (Right bias) published an editorial by Andrew McCarthy (Right bias) that argued the Supreme Court leak should be "investigated by the FBI as a potential crime." Additionally, The Wall Street Journal editorial board (Lean Right bias) presumed that the leaker "is probably someone who opposes the majority view and wants to bring outside pressure to bear on the Court to turn one of the Justices and sustain a constitutional right to abortion."

From the Right
280
OPINION

Unless and until proven otherwise, we must assume that the outrageous leak of a draft Supreme Court opinion in the Mississippi abortion case, Dobbs v. Jackson Women’s Health, is an attempt to intimidate the justices by inciting the radical left. It must be investigated by the FBI as a potential crime.

The Court’s longstanding norms and protocols impose a duty of confidentiality on the justices, their clerks and staff, and the contractors who support the Court’s work. Obviously, norms and protocols, unless they are codified as statutes, or at least accepted as...

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From the Left
280
OPINION

No one expected that the news of Roe v. Wade’s imminent demise would come as it did — in an extraordinary late-night leak of a draft opinion two months before the end of the Supreme Court’s session. But everyone should have expected that it would, eventually, come.

For decades, the court has been chipping away at a woman’s right to choose what happens to her own body, but the core holding of Roe always managed to survive. Then came 2020, when Justice Ruth Bader Ginsburg died and was replaced by Justice Amy Coney Barrett only...

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From the Center
280
ANALYSIS

The leak of a U.S. Supreme Court draft opinion that would overturn the constitutional right to abortion is a major breach of confidentiality that has heightened the stakes in an already politically-charged case, experts say.

Politico on Monday night published a draft majority opinion that it had obtained striking down the landmark 1973 Roe v. Wade decision, which guaranteed the right to abortion nationwide. It was a sign that the court’s 6-3 conservative majority was ready to flex its muscle.

While the substance of the draft sparked praise from anti-abortion...

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