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The SCOTUS Abortion Leak Backfired
Legal Insurrection ^ | Friday, June 24, 2022 at 02:48pm | William A. Jacobson

Posted on 07/01/2022 8:56:59 AM PDT by E. Pluribus Unum

The shock of the ruling doesn’t seem to be there. Because it wasn’t a surprise.

Now that the Opinion overruling Roe v. Wade is out, the reaction while furious, seems like resignation. That’s not to say someone else won’t try to physically attack Justices or otherwise commit violence. It’s also not to say that Democrats won’t try to make it into an electoral issue, though I don’t think that will work (people angered at the opinion likely vote Democrat anyway).

But the shock of the ruling doesn’t seem to be there. Because it wasn’t a surprise. The leak took place on May 2. There have been almost eight weeks for it to percolate and for emotions to ripen. Yet those emotions, including the attempted assassination of Justice Brett Kavanaugh and attacks on pro-life groups, have created a backlash, with even the White House finally coming out against more violence.

Of course, the leak also didn’t change the result.

Whether the leaker ever is identified publicly remains to be seen. But the leak backfired by any objective measure.


TOPICS: Crime/Corruption; Culture/Society; Government
KEYWORDS: abortion; leak; scotus
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To: vaskypilot
If the final outcome did change, the Supreme Court would have lost all credibility.

Quite true.

21 posted on 07/01/2022 10:49:05 AM PDT by libertylover (Democrats are as determined to kill innocent people as the Nazis.)
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To: Night Hides Not

While this is a lasting legacy to be sure, the real lasting legacy and political shift that Trump created was... the left abandoned all pretext that they really weren’t for what they have always been for but would lie an pretend they weren’t in public.

They now openly admit, they want your guns, they want the murder of children all the way up to and after birth, they want your way of life destroyed... on longer do they even pretend “we want what is best for America” but just differ on how to get there... the masks are all gone..


22 posted on 07/01/2022 10:56:21 AM PDT by HamiltonJay
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To: Musketeer

It is his adopted children, that they are blackmailing him with!


23 posted on 07/01/2022 11:20:49 AM PDT by ktw (72 ID, Finally Retired after 25 years!)
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To: HereInTheHeartland

Could it be a strategic leak sanctioned by the entire court to let off steam and prevent a violent reaction?


24 posted on 07/01/2022 12:09:57 PM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: atc23

“I think the leaker is Roberts himself or he authorized the leak which is the same thing imo”

If Roberts was the leaker that info would immediately be released by the Left, he would have to resign in disgrace.
Dementia Joe would get another SC appointment and name a new Chief Justice. If it was Roberts we would have known about it on day 1.


25 posted on 07/01/2022 12:11:48 PM PDT by Brooklyn Attitude (I went to bed on November 3rd 2020 and woke up in 1984.)
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To: Lurkinanloomin

The leaker was C.J. Roberts in his effort to intimidate Kavanaugh or Barrett to wimp out and change their vote. The man refuses to take on challenging and controversial cases. He wants to protect the status quo.

Note how the leak was a 5-4 vote with Roberts siding with the minority. When Roberts failed to flip any votes, he flipped his own vote so he could write a concurring opinion stating that the majority went too far and repealing Roe.

He is a duplicitous weasel deserving of nothing but ridicule and scorn.


26 posted on 07/01/2022 12:42:42 PM PDT by Buckeye Battle Cry (Progressivism is socialism. Venezuela is how it ends.)
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To: E. Pluribus Unum

There was speculation at the time of the leak that it was actually aimed at the deep-pocket donors rather than the public at large, although plenty of media pundits were transfixed by the hope of millions of outraged people in the street and cities in flame. But to stretch a metaphor, who’s going to throw Molotov cocktails with gasoline at $6.00 a gallon? Only people with a lot of money, that’s who, who appear not to have taken the bait. It was, after all, a leak that happened in May and it’s going to be very difficult to keep the base at the required insanity level on that issue until November in the face of spiraling grocery and fuel prices and a foreign policy hellbent on war. So yes, basically an unforeseen bust on what once was considered the hottest hot-button issue in all of American politics, but it isn’t the 70’s anymore.


27 posted on 07/01/2022 1:01:20 PM PDT by Billthedrill
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To: E. Pluribus Unum

Just spit-balling here.....

What if there is no leaker...there was no leak?

What if this was an electronic intrusion into secure USSC systems and the “leak” was actually a hack and dispersement to friendly media?

It would certainly explain the inability to name the leaker and using the “leaker” premise to cover up the hack.


28 posted on 07/01/2022 1:01:49 PM PDT by nesnah (Infringe - act so as to limit or undermine [something]; encroach on)
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To: seowulf

“ Could it be a strategic leak sanctioned by the entire court to let off steam and prevent a violent reaction?”

Would make sense.
Still very unethical that it was leaked .


29 posted on 07/01/2022 1:05:53 PM PDT by HereInTheHeartland (Have you seen Joe Biden's picture on a milk carton?)
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To: ktw

How old would his adopted children be? Could they be adults by now?


30 posted on 07/01/2022 1:08:22 PM PDT by murron
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To: E. Pluribus Unum

Well, I kind of have a theory also. Now it goes to the states to hammer it out, right before the mid-terms, which means the rioting and protesting will be locally targeted, giving Democratic candidates a big issue to run on, especially in purple states with independents, suburban women and college students. The SC may have helped the DEMS get out the vote.


31 posted on 07/01/2022 1:18:22 PM PDT by Toespi
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To: E. Pluribus Unum
The idea that there was a single leaker acting on his own is simply nonsense.

This was a well organized process. There were several “leakers” most probably the entire staffs of Justices Kagan, Breyer and Sotomajor.

The “leak" was then immediately promoted by the media and the Democrat Party. Operatives were already in place before the "leak" for organized demonstrations, speeches, attacks on Justice's homes etc.

The man who traveled across the entire country from California to Washington DC to kill Justice Kavanaugh was part of the same operation.

Don't believe the media narratives.

32 posted on 07/01/2022 3:11:07 PM PDT by detective
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To: Miguk

I’ve heard it is not a crime. Now if a clerk did it yes it’s a fireable offense but not a crime.

If a justice did it, Congress could impeach and convict but I don’t think that would happen.


33 posted on 07/01/2022 4:37:45 PM PDT by scrabblehack
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To: Ge0ffrey
The powers of the purse, to legislate, to investigate, and to impeach and remove from office mean that a determined Congress has the upper hand against the federal judiciary.

Congress can, for example, write a provision that freezes federal court construction and sharply curtails the federal judicial administrative budget until the Chief Justice provides the House and Senate Judiciary Committees with a satisfactory written report and all testimony requested detailing the steps taken and the results of the investigation into the leak of the Dobbs opinion.

That might only be the start of it, with any current legislative asks from the federal judiciary gettting blocked and even rolled back as to prior years. And -- to get really nasty -- the House Judiciary Committe could begin an investigation as to whether there is any basis against a Justice or Justices for a finding of misconduct in leaking the Dobbs opinion or dereliction of duty in failing to prevent it -- with televised hearings suggested.

The result would be an object demonstration as to why Hamilton referred to the judiciary as the weakest branch.

34 posted on 07/01/2022 5:03:35 PM PDT by Rockingham
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To: E. Pluribus Unum

Now that I’ve seen the various opinions from the justices, my bet is on Roberts trying to force the other 5 conservatives to adopt his opinion to preserve part of Roe.


35 posted on 07/02/2022 7:20:27 AM PDT by damper99
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