May 11, 2022

This too is a leak, and, again, it’s from Politico.

"Alito’s draft opinion overturning Roe is still the only one circulated inside Supreme Court."
Posted by Ann Althouse at 9:16 AM
Tags: , , ,

67 comments:

Ann Althouse said...

I accidentally deleted this post and have restored it. I'm going to need to find the old comments and repost them.

5/12/22, 3:42 AM
Ann Althouse said...

WisRich commented "Obviously, the Leaker doesn't think the protesting outside the Judges houses has been violent enough."

5/12/22, 3:45 AM
Ann Althouse said...

Joe Smith commented: "Is the leak good or bad...it all Depends®"

5/12/22, 3:45 AM
Ann Althouse said...

What's emanating from your penumbra commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"The absence of developments is a development! Drip, drip, keep up the harassment, drip, drip."

5/12/22, 3:46 AM
Ann Althouse said...

Andy commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Could it be that leaker isn’t that plugged in and isn’t personally aware of other opinions"

5/12/22, 3:46 AM
Ann Althouse said...

ga6 commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Soto hustled a copy over to Klain"

5/12/22, 3:47 AM
Ann Althouse said...

Sir Loin commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"I just can't even."

5/12/22, 3:47 AM
Ann Althouse said...

wendybar commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"I agree with Mr Wibble. It isn't like this White House isn't in bed with the media already. And nothing will happen to the leaker because they are on the right side of the wrong side of History. This isn't going to end well at all."

5/12/22, 3:47 AM
Ann Althouse said...

gahrie commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Where is the draft opinion from the Left attempting to defend Roe and Casey?"

5/12/22, 3:48 AM
Ann Althouse said...

Jupiter commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Psst! Putin isn't even considering using nukes in Ukraine! Pass it on!"

(I'm copying that one because it went through, but it doesn't meet my standard of inclusion because it's completely off topic)

5/12/22, 3:49 AM
Ann Althouse said...

Howard commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"I hope this is just the beginning of SCROTUS reversals including banning gay marriage, banning contraception, overturning Brown v Bored of Education, shit canning Obamacare, etc. Liberate the South from the silly constraints imposed by their Northern betters. It's the fastest way to implode the Confederacy. Let me them choke on their own vomit."

5/12/22, 3:49 AM
Ann Althouse said...

wild chicken commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Working backwards from effect really lacks explanatory power."

5/12/22, 3:49 AM
Ann Althouse said...

Martha commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Appears the leaker has been identified and excluded from all further deliberations and drafts of opinions. Gerstein clueless."

5/12/22, 3:50 AM
Ann Althouse said...

Enigma commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Prepare for the circulation of false info to reveal the leaker."

5/12/22, 3:50 AM
Ann Althouse said...

gilbar commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"leaks are Always GOOD, though; right? I mean.. leaks that help the left are Always GOOD; right?"

5/12/22, 3:51 AM
Ann Althouse said...

Wince commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Don't leak behind my back and tell me it's raining."

5/12/22, 3:51 AM
Ann Althouse said...

Hari commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Translation: Politico's leaker has dutifully informed Politico that he or she has not received anything new to leak."

5/12/22, 3:51 AM
Ann Althouse said...

Mr Wibble commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Again, I suspect that the leak to politico came from the WH. They needed a distraction from the economy, war on Ukraine, and border mess so they leaked a copy of the draft opinion what someone at SCOTUS gave them."

5/12/22, 3:51 AM
Ann Althouse said...

WisRich commented on "This too is a leak, and, again, it’s from Politico."
18 hours ago
"Enigma said... Prepare for the circulation of false info to reveal the leaker. 5/11/22, 9:41 AM ------- Hmm Mole Hunt. Nahh. I'm not even sure Roberts really wants to find the leaker."

5/12/22, 3:54 AM
Ann Althouse said...

Tom T. commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Assuming that's true, it explains why a February draft was leaked in May; there weren't any others. It also suggests that this was not the act of a conservative trying to hold a fraying consensus together. And if it came from the left, the leak would not have been just to rally the base; the release of the final opinion in June would have done that. Leaking the draft now seems more likely to have been incitement to intimidation (or even murder of a Justice) to break up the majority."

5/12/22, 3:55 AM
Ann Althouse said...

Can Of Cheese for Hunter commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"The devout lefties on the court probably have a bit of a problem arguing that this should not be a federalist issue. I'd like to hear it, tho. any leakage there? Nope."

5/12/22, 3:55 AM
Ann Althouse said...

Real American commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Leaking of inside info is bad, but it's not as bad as leaking an entire draft opinion. Of course, if it appears that leaking a draft opinion will have no real consequences, then what's wrong with leaks regarding where things stand with the justices?"

5/12/22, 3:55 AM
Ann Althouse said...

Saint Croix commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Authoritarians worry more about leaks than they do about homicides."

5/12/22, 3:56 AM
Ann Althouse said...

tommyesq commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Does this suggest it is a 9-0 opinion?? Nah."

5/12/22, 3:56 AM
Ann Althouse said...

tommyesq commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Serious question, given the protesters at the Justices' homes and the calls to violence by people such as Jane's Revenge, what happens if, between now and the release of the opinion, one or more of the Justices in the (current) majority are assassinated? Does the Court issue the opinion identifying the deceased as a part of the majority? Does it issue a less-than-nine-member opinion? If the latter, would they permit the opinion to change if the pro-Roe faction had become the majority by attrition? Would Brown Jackson take the place of a deceased Justice, even if Breyer remains alive and unretired"

5/12/22, 3:57 AM
Ann Althouse said...

Temujin commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"There have been so many leaks, and to multiple publications, that I think we can safely call them 'press releases' at this point."

5/12/22, 3:57 AM
Ann Althouse said...

Lem commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"The FBI needs to pull agents from the Jan6 investigations to find out who is leaking at the Supreme Court."

5/12/22, 3:57 AM
Ann Althouse said...

JK Brown commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"I was kind of hoping for the "Robert's compromise" of gutting Roe but leaving it a husk and upholding the MS law. It would be the most anti-climatic for the sociopaths outside the justices homes. After all, they aren't protesting the MS law, only the abstraction of Roe being overturned."

5/12/22, 3:57 AM
Ann Althouse said...

mikee commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Can of Cheese for Hunter: "The devout lefties on the court probably have a bit of a problem arguing that this should not be a federalist issue." The devout lefties have the problem of arguing IN FAVOR of this being a federal issue, as there is no authority in the Constitution for it to be a federal issue. That has been the main problem with Roe v Wade for 50 years."

5/12/22, 3:58 AM
Ann Althouse said...

Earnest Prole commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"Never has so much been made about so little. "

5/12/22, 3:58 AM
Ann Althouse said...

WisRich commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"tommyesq said... Serious question, given the protesters at the Justices' homes and the calls to violence by people such as Jane's Revenge, what happens if, between now and the release of the opinion, one or more of the Justices in the (current) majority are assassinated? --------- With a quick google search, it appears if a Justice dies before the opinion is released, his or her vote does not count. But don't take that Gospel from me. Think a modified version of "The Pelican Brief" novel."

5/12/22, 3:58 AM
Ann Althouse said...

Mr Wibble commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"And if it came from the left, the leak would not have been just to rally the base; the release of the final opinion in June would have done that. ----- See above. I think that the WH leaked the copy that they had, and did so because they needed a distraction now."

5/12/22, 3:59 AM
Ann Althouse said...

Lem commented on "This too is a leak, and, again, it’s from Politico."
17 hours ago
"It might be next to impossible today, to defend Roe/Casey, without tripping up upon other progressive sacred cows, which now glues that disparate coalition together. Roe has killed untold number of trans… certainly more than republicans have."

5/12/22, 3:59 AM
Ann Althouse said...

Michael K commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"'Blogger Howard said... I hope this is just the beginning of SCROTUS reversals including banning gay marriage, banning contraception, overturning Brown v Bored of Education, shit canning Obamacare, etc.' Yeah, they could reverse Dredd Scott. Ooops, that's a Constitutional amendment. You guys want to scrap the Constitution anyway. You're already bringing back segregation. Democrats and Segregation go well together."

5/12/22, 4:00 AM
Ann Althouse said...

Fredrick commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"Has John Roberts directed all the clerks for all the justices to be interviewed under oath to see if they were the one to leak this or is he too much of a coward to go the direct route in finding out who is busy discrediting the judiciary?"

5/12/22, 4:00 AM
Ann Althouse said...

Tom commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"2000Mules.com must be striking a nerve. Yeah, what happens if a justice is killed during this process? The risk of that is much higher than zero. "

5/12/22, 4:00 AM
Ann Althouse said...

Leland commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"Takeaways (assuming any of the information is true): The leaker is still leaking or unable to leak yet still talking to Politico. The left thought a week of outrage would be enough to change things. There must be a minority opinion, but it is not getting out. This story is needed to try and give legs to a news event that is unimportant to most people."

5/12/22, 4:01 AM
Ann Althouse said...

Mike (MJB Wolf) commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"My semantic quibble is that the first leak was true leak, where material came to light, that is, leaked out. This is simply rumor without any independent confirmation."

5/12/22, 4:01 AM
Ann Althouse said...

Howard commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"tommyesq: quit getting your hopes up. The bigmouth radical lefties talk a big violent repercussion game, but like you MAGAtrons, they lack the courage of their funtastical convictions to actually follow through. January Sixers we're close, but they failed to properly arm themselves."

5/12/22, 4:02 AM
Ann Althouse said...

Mike (MJB Wolf) commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"'Where is the draft opinion from the Left... "Like Gahrie I too do not believe they didn't have an opinion and did not draft it. This "leak" just signaled bad faith on the part of the leaker and/or Politico. I'd like to hear a serious analysis of just why there would be NO OPINION by the lefties on the court. Surely they have thoughts, right?"

5/12/22, 4:02 AM
Ann Althouse said...

gilbar commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"tommyesq said... 'what happens if, between now and the release of the opinion, one or more of the Justices are assassinated?' Easy Answer! The democrats call a special session, and vote for new democrat (pro abortion) Justices; that DAY! (Almost As IF, they KNEW it was going to happen; and were just waiting around for it.) ALSO, The democrats would point out, that NINE was the ONLY proper number (once they replaced the 6 dead Justices) WILL this happen? I'm assuming, that the Answer is: HELL YES! Oh! Also, Any resulting disturbances would be called ACTS OF WAR, by Reichsmarschall Garland"

5/12/22, 4:02 AM
Ann Althouse said...

Brian commented on "This too is a leak, and, again, it’s from Politico."
16 hours ago
"'what happens if' And that's why someone is truly playing with fire, with the original leak. Like destruction of the 3rd branch of government level of fire. It taints everything. The executive branch has already been destroyed with the revelations of the Crossfire Hurricane efforts, where it appears that Deep State intelligence community assets are playing fast and loose with FISA warrants to spy on domestic political enemies."

5/12/22, 4:03 AM
Ann Althouse said...

Iman commented on "This too is a leak, and, again, it’s from Politico."
15 hours ago
"Politico’s Predisposition to the Propagation of Propaganda Proves Propensity for Promotion of Purloined Pussy Posturing."

5/12/22, 4:04 AM
Ann Althouse said...

Readering commented on "This too is a leak, and, again, it’s from Politico."
15 hours ago
"There was leaking about this before the "original leak." See WSJ editorial. Lots of leaking since. Justices probably can't wait for term to end and clerks to turn over. "

5/12/22, 4:04 AM
Ann Althouse said...

Jefferson's Revenge commented on "This too is a leak, and, again, it’s from Politico."
15 hours ago
"I am pleased to see the reality of potential assassination getting attention. I think it's a real threat and I hope it's taken seriously. I think there is an underlying goal to intimidate anyone from entering public service that has a conservative viewpoint- go back to the whitewash of the assassination attempt of the R house members, and Rand Paul under multiple physical attacks. I really would love to see a pro-life demonstration at the Liberal judges homes. The only way to end this war it to win it."

5/12/22, 4:07 AM
Ann Althouse said...

n.n commented on "This too is a leak, and, again, it’s from Politico."
15 hours ago
"Keep Roe, Roe, Roe your baby down the river Styx. Restore the definition of viability of baby and granny to be equal from her first to last heartbeat, from emergence of consciousness to her disordered conclusion. Strive to realize human rights throughout her life from conception. That said, four choices for mother and father, and self-defense through reconciliation. The wicked solution is an anachronistic artifact of social progress."

5/12/22, 4:07 AM
Ann Althouse said...

jim5301 commented on "This too is a leak, and, again, it’s from Politico."
15 hours ago
"Days before the draft opinion was leaked, it was leaked to the WSJ that the court had voted to overrule Roe v. Wade, and that Alito was drafting the decision. Am I to believe that leak to the WSJ was by someone on the left? Seems unlikely. But let's all pretend that the first leak never even happened. "

5/12/22, 4:08 AM
Ann Althouse said...

Andrew commented on "This too is a leak, and, again, it’s from Politico."
15 hours ago
"I wish Kavanaugh would exit his home, walk on to his front lawn with a beach chair and a six pack, and just sit down and drink for awhile. Maybe he could smoke a cigar and read a nudie magazine. May as well have some fun with the situation."

5/12/22, 4:08 AM
Ann Althouse said...

Jim at commented on "This too is a leak, and, again, it’s from Politico."
14 hours ago
"Serious question, given the protesters at the Justices' homes and the calls to violence by people such as Jane's Revenge, what happens if, between now and the release of the opinion, one or more of the Justices in the (current) majority are assassinated? War. And that's not an exaggeration. The switch will be flipped."

5/12/22, 4:09 AM
Ann Althouse said...

Left Bank of the Charles commented on "This too is a leak, and, again, it’s from Politico."
14 hours ago
"One man’s leaker is another woman’s whistleblower."

5/12/22, 4:09 AM
Ann Althouse said...

Tina Trent commented on "This too is a leak, and, again, it’s from Politico."
13 hours ago
"It's sort of like the opposite of The World According to Garp: instead of cutting their own tongues out so they can remain eternal infants, they're leaking opinions so they can keep cutting babies out. Unhappy people do unhappy things. "

5/12/22, 4:10 AM
Ann Althouse said...

Mark O commented on "This too is a leak, and, again, it’s from Politico."
13 hours ago
"This could be fake, but the original leak deserves a lengthy prison sentence and, if a lawyer was involved--as in spouse of leaker--disbarment."

5/12/22, 4:10 AM
Ann Althouse said...

Narayanan commented on "This too is a leak, and, again, it’s from Politico."
13 hours ago
"Mr Wibble said ... Again, I suspect that the leak to politico came from the WH. They needed a distraction from the economy, war on Ukraine, and border mess so they leaked a copy of the draft opinion what someone at SCOTUS gave them.... ==== does that make it -- leak of a previous leak to WH? can that be form of plagiary? Biden forte!"

5/12/22, 4:11 AM
Ann Althouse said...

Amadeus 48 commented on "This too is a leak, and, again, it’s from Politico."
13 hours ago
"Give it up for the leakers---because they are always right, and they never lie."

5/12/22, 4:11 AM
Ann Althouse said...

Narayanan commented on "This too is a leak, and, again, it’s from Politico."
13 hours ago
"Howard = you coined new word - MAGAtrons well played!"

5/12/22, 4:11 AM
Ann Althouse said...

rhhardin commented on "This too is a leak, and, again, it’s from Politico."
12 hours ago
Maybe Alito will read Epstein's criticism of the opinion link"

5/12/22, 4:12 AM
Ann Althouse said...

Robert Cook commented on "This too is a leak, and, again, it’s from Politico."
12 hours ago
""Obviously, the Leaker doesn't think the protesting outside the Judges houses has been violent enough." Have they been violent at all?"

5/12/22, 4:13 AM
Ann Althouse said...

Original Mike commented on "This too is a leak, and, again, it’s from Politico."
12 hours ago
""Serious question, given the protesters at the Justices' homes and the calls to violence by people such as Jane's Revenge, what happens if, between now and the release of the opinion, one or more of the Justices in the (current) majority are assassinated? " What a false flag coup that would be, eh?:

5/12/22, 4:13 AM
Ann Althouse said...

And that completes my copying of the comments.

The only ones I didn't copy were a few that pointed out a typo in the tags (that's not going to be there any more (but thanks for the typo alert)) and one that just insulted another commenter (don't do that (address substance)).

5/12/22, 4:17 AM
Ann Althouse said...

This seems to answer the question whether a judge's vote counts if he dies before the opinion is issued.

5/12/22, 4:20 AM
Brian said...

Amazed at your dedication Ann. Thanks for going the extra mile as hostess and putting all the comments back!

Also thanks for the research into the Yovino v. Rizo decision. Fascinating.

5/12/22, 7:09 AM
Christopher B said...

Readering and jim5301 keep pushing the new(er) BS line that the WSJ leak was different and continue to assert without evidence that it was a conservative (i.e. associated with the apparent majority) leaker because Wall Street Journal. It wasn't. The WSJ got exactly the same information as Politico, that there five votes to overturn Roe and the Alito opinion. What's the chance that two different and opposed leakers provide two different outlets with exactly the same info vs one leaker talking to multiple reporters? The only difference was the amount of detail each outlet decided to produce, and the more detailed report from Politico can be explained by the fact the WSJ didn't generate the expected impact.

The five hanging together on the majority opinion to overturn Roe from March to May increases my confidence that Roberts is in the leaking mix. He and the rest of the GOPe desperately want to not overturn Roe out of fear of energizing Democrats electorally, and energizing the wrong kind of Republicans. He needs to peel off either Barrett or Kavanaugh in order to swing the opinion to uphold Roe, and you know that none of the liberals are going to join him in upholding the Mississippi statute.

5/12/22, 7:14 AM
Greg The Class Traitor said...

gahrie said
"Where is the draft opinion from the Left attempting to defend Roe and Casey?"

It's "Way, you can't take away the 'right' that those 7 members of SCOTUS invented!!11!"

5/12/22, 11:35 PM
Greg The Class Traitor said...

Howard babbled
"I hope this is just the beginning of SCROTUS reversals including banning gay marriage, banning contraception, overturning Brown v Bored of Education, shit canning Obamacare, etc. Liberate the South from the silly constraints imposed by their Northern betters. It's the fastest way to implode the Confederacy. Let me them choke on their own vomit."

Brown was a poorly "reasoned" decision that got the correct result, as Bork pointed out decades ago. So the result will remain

SCOTUS won't "ban" same sex "marriages" or contraception. That's what the South's "Northern betters" in Connecticut will do.

Just as Alito didn't announce that the US Constitution didn't contain a "right to life" making abortion illegal in all 50 States, he wouldn't find the constitution forced either of those outcomes.

He would correctly find that the US Constition doesn't say anything about either, and therefore it's up to the States.

ObamaCare is clearly unconstitutional, and should be shitcanned.

Poor Howard, always on the wrong side

5/12/22, 11:49 PM
Greg The Class Traitor said...

tommyesq said
"Serious question, given the protesters at the Justices' homes and the calls to violence by people such as Jane's Revenge, what happens if, between now and the release of the opinion, one or more of the Justices in the (current) majority are assassinated?

Well, if it's not Roberts, then unless Roberts is suicidal he switches to support the overturn, it's 5-3 to toss Roe, and it is released that day.

Because rewarding the assassination of SCOTUS members would quickly get Roberts killed

5/13/22, 12:00 AM
Greg The Class Traitor said...

Readering whined
"There was leaking about this before the "original leak." See WSJ editorial. Lots of leaking since. Justices probably can't wait for term to end and clerks to turn over. "

Leaking that there's voting issues is something that's happened before.

Leaking a draft opinion has never happened before.

It's a complete violation of trust, if it's a leak and not a hack. And that's new.

5/13/22, 12:02 AM
Greg The Class Traitor said...

rhhardin wrote
Maybe Alito will read Epstein's criticism of the opinion link"

He'd have to be a super genius to extract anything from that word salad.

If there's a reasonable coherent argument in there, I can't find it

5/13/22, 12:09 AM

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