More SCOTUS Leaks on Abortion Case Reveal Which ‘Conservative’ Justice Might Vote With Liberals

As we reported earlier, Politico published a blockbuster piece Monday containing what’s said to be “an initial draft majority opinion” on the Mississippi pro-life case currently before the Supreme Court where Justice Samuel Alito wrote that “We hold that Roe and Casey must be overruled.”

Advertisement

While draft opinions are subject to change and no actual ruling has been made, the misleading report from Politico has caused much predictable pouncing and seizing and pearl-clutching amongst The Usual Suspects, who are putting out calls to “burn it all down.” Some are even marching in front of a now-barricaded Supreme Court building as we speak similar to the hysteria we saw after the September 2020 death of Supreme Court Justice Ruth Bader Ginsburg.

As we also noted, this type of leak coming from inside the halls of the SCOTUS, especially on a case of this magnitude, is virtually unprecedented, a clear attempt if there ever was one at intimidating the court enough to preserve Roe v. Wade in a similar way then-Sen. Minority Leader Chuck Schumer tried to do in March 2020. The leak also puts the lives of the Justices in danger, so much so that unnamed sources are telling reporters that Chief Justice John Roberts is likely to call for the FBI to thoroughly investigate this matter in order to find out the source of the leak.

But along with word that Roberts is calling for a “full-blown” investigation into what happened has come yet another leak – this one about Roberts himself. According to CNN sources, Roberts reportedly doesn’t want to overturn Roe v. Wade entirely. But he is open to keeping the Mississippi law in place:

Advertisement

But as conservative legal minds have long argued, Roe v. Wade was a deeply flawed ruling, and as Ben Shapiro – who is a lawyer among his many other talents – pointed out, Alito’s opinion was solid, and not one you’d likely find an actual conservative legal mind object to:

If this ultimately turns out to be true about Roberts, though it wouldn’t be a surprise considering his past rulings on hot button cases our nation’s highest court has decided like Obamacare, it would still be a major disappointment nevertheless that on this most important of cases he couldn’t vote to overturn Roe v. Wade. The ability to relitigate Roe v. Wade and set a wrong right in the process is what conservative jurists have fought to be able to do since this case was initially decided, and for Roberts to side with the court’s radical leftists would be the ultimate betrayal in the eyes of many conservatives.

Advertisement

That said, as noted earlier, this is not an actual ruling and draft opinions (and leaks) are subject to change. As always, we’ll keep you posted on further developments, so stay tuned.

Flashback: Classic ‘Never Bend a Knee’ Moment From Clarence Thomas’ SCOTUS Hearing Resurfaces Just When We Need It

Recommended

Join the conversation as a VIP Member

Trending on RedState Videos