Nina Totenberg: Supreme Court Leaker Most Likely a Conservative

[Nevilledog]

Link to tweet

https://www.mediaite.com/news/nprs-nina-totenberg-the-only-theory-that-makes-sense-is-the-supreme-court-is-a-conservative-clerk/

NPR’s Nina Totenberg, thought by many to be America’s premier reporter covering the Supreme Court, believes that a conservative law clerk is the likeliest suspect for the bombshell leak of Justice Samuel Alito’s draft decision overturning Roe v. Wade.

Appearing on ABC’s This Week Sunday, Totenberg posited that a conservative clerk’s likely motive was to prevent one of the conservative justices from being persuaded by Chief Justice John Roberts to issue a more narrow ruling in the case.

“The leading theory is a conservative clerk, who was afraid that one of the conservatives might be persuaded by Chief Justice Roberts to join a much more moderate opinion,” Totenberg said.

The NPR reporter acknowledged the possibility of a liberal clerk being responsible, but dismissed that theory as implausible.

“There’s another theory that it was an outraged liberal clerk,” Totenberg said. “But I think the only one that makes sense is that it came from somebody who was afraid that this majority might not hold. That Chief Justice Roberts might persuade one of the conservatives come over to him in a much more moderate opinion.

She added that it’s “very unlikely” the identity of the leaker will ever be discovered.

[50 Shades Of Blue]

1. If the leaker was on the conservative side, they'll know but we won't because it'll be hushed up!

[getagrip_already]

2. Well, watch for clerks leaving.....

Unless the clerk was doing what they were told, by say a Thomas, then they will quietly leave the court.

There is no way Robert's would let someone stay after that unless they were being protected by a justice.

But it's just as likely ginnie Thomas is the leaker. She certainly had access to the briefs. And she isn't bound by ethics or career limits.

[uponit7771]

8. +1,

[Phoenix61]

3. I'm going with Amy et al. When you truly believe you

are doing God’s work anything to advance that agenda is a blessed act. She is definitely that bat shit crazy and I can only imagine all of her clerks would be right there with her. I can just see the prayer circle where they ask for God’s guidance before they leak the decision.

[Hoyt]

4. Think it was someone appalled at Alito's 18th Century BS. But, it really doesn't matter UNLESS

the final ruling is better than Alito's rant/opinion. In that case we have a hero, or someone who made a big mistake.

[uponit7771]

7. +1, the exposure itself is a net positive no matter their ruling. Looking at the way MAGA is ...

... deflecting it looks like they didn't want this to be discussed even among themselves.

They know they're wrong and wanted to keep it hidden

[Hortensis]

5. I'll respect Totenberg's opinion any day. Others feel it's most likely

from the conservative side also.

However, did she mention the justices themselves at all before underlining the clerks? She might choose to focus on the 37 law clerks as most likely for various reasons, but also diplomatically to avoid any suggestion of publicly disrespecting the justices.

(Also, fwiw, strong to extreme vindictiveness often goes along with strong to extreme conservatism and authoritarianism.)

[Hortensis]

9. "not only are conservatives leaking, they're allowing reporters to say they are..."

Link to tweet

[uponit7771]

6. K&R, Kavanagh was a leaker before IINM

[LetMyPeopleVote]

11. How the future of Roe is testing Roberts's clout on Supreme Court

There have been no doubt other drafts. There is some speculation that a conservative released this draft to try to keep Roberts from peeling off a vote for a more moderate opinion

Link to tweet

https://www.washingtonpost.com/politics/2022/05/07/supreme-court-abortion-roe-roberts-alito/

The mere existence of the draft indicated that five justices had voted at least tentatively to reject the incremental approach of Roberts to restricting abortion rights. Instead, they would reverse Roe after nearly 50 years of guaranteeing a right to abortion that could not be outlawed by the states......

It is another signal that the 67-year-old Roberts, hailed by scholars just a few years ago as one of the most powerful chief justices in history, is not in control of the process as the court readies its most influential decision in decades.

There is also reason to believe Roberts has not given up. Many who know him well and have watched his maneuvering of the court through other issues are certain he is still preparing his own opinion in hopes he might draw at least one of the court’s newest conservatives to his side. Such an outcome might save the 1973 ruling on Roe and the subsequent affirming 1992 decision, Planned Parenthood v. Casey, while severely limiting their protections.....

Roberts seemed to get no takers for a compromise that would erase the clear rule that Roe and Casey share, which is that states may not forbid abortions before viability, the point at which a fetus would survive outside the womb, usually 22 to 24 weeks.

Most observers of the court believe Roberts is still promoting a decision that would remove the viability line but otherwise keep Roe and Casey intact. Both liberals and conservatives are skeptical it can be done.

Right now it appears that the leaks are from a conservative who wants to keep five votes for Alito's radical opinion

[Hekate]

12. KnR

[PRETZEL]

13. I've long respected Ms. Totenberg,

and I believe she's right on this also.

I honestly don't believe it came from anyone associated with the liberal wing of the court. The timing of the leak and the date of the draft in question just doesn't add up for me. If this draft was leaked in late February/early March, that would have given Roberts more of a chance to sway one of the 5 Justices whom we know are in favor of overturning Roe to side with him on a narrower opinion and keep Roe in tact for now.

And in that vein, the leak of the draft may just be an indication that Roberts may have been succeeding in that effort and the leak is a shot across the bow to that one Justice that the conservative, pro-life front will remember that going forward.

And Ms. Totenberg is right, the chances of the general public knowing who the leaker was are slim to none. However, the field of potential leakers has been narrowed greatly if the premise is that this came from someone on the far right wing.