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kentuck

(111,098 posts)
Mon May 9, 2022, 10:44 AM May 2022

Why the draft ruling was leaked by the conservative Court?

In my opinion, it was such a momentous decision that they chose not to release it upon the public without first measuring the public reaction to it.

The whole purpose of the leak was to measure how much resistance would be created by such a ruling.

It is possible that it may have been leaked by a liberal clerk or Justice, but it is more likely it was leaked by a conservative Justice, likely Alito or one of his clerks.

It was like dropping a coin into the well just to see how deep it is.

Just my opinion.

16 replies = new reply since forum marked as read
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Why the draft ruling was leaked by the conservative Court? (Original Post) kentuck May 2022 OP
I narrowed it down to two reasons. Emile May 2022 #1
Makes sense. kentuck May 2022 #3
Excellent point on the timing of the release. Emile May 2022 #7
If the point was to draw attention from the Jan 6 Committee onenote May 2022 #10
It was just a thought. After what Mitch Mcconnell said Emile May 2022 #14
Conservatives don't care about public opinion bucolic_frolic May 2022 #2
Ginny Thomas. Nt jaysunb May 2022 #4
I doubt it. The Supreme Court doesn't care much about public opinion Ocelot II May 2022 #5
K and R Stuart G May 2022 #6
As observers of their media this is their principle strategy underpants May 2022 #8
Could be the leak was allowed by CJ Roberts,his concern for the 'Roberts Court' reputation, and risk empedocles May 2022 #9
It was a Big F U usonian May 2022 #11
I have two thoughts about this.... FM123 May 2022 #12
My two thoughts onenote May 2022 #15
To solidify the ruling Marius25 May 2022 #13
I doubt they care onenote May 2022 #16

Emile

(22,771 posts)
1. I narrowed it down to two reasons.
Mon May 9, 2022, 10:47 AM
May 2022

1. Fire up the religious right in the midterms.
2. Draw attention away from the Jan 6 committee.

kentuck

(111,098 posts)
3. Makes sense.
Mon May 9, 2022, 10:51 AM
May 2022

They are attempting to minimize any damage that may come from the exposures of the Committee report. (However, according to Zoe Lofgren, the report may not be released until the fall. That could mean after the election.)

onenote

(42,704 posts)
10. If the point was to draw attention from the Jan 6 Committee
Mon May 9, 2022, 11:53 AM
May 2022

Why release it more than a month before the Jan 6 Committee hearings are to commence?

Emile

(22,771 posts)
14. It was just a thought. After what Mitch Mcconnell said
Mon May 9, 2022, 02:12 PM
May 2022

about abortion could be outlawed after the midterm election, I'm beginning to think almost positively it was released to fire up the religious right. That gives them six months to get their religious base all lathered up in hatred to stop the baby killers.

bucolic_frolic

(43,173 posts)
2. Conservatives don't care about public opinion
Mon May 9, 2022, 10:50 AM
May 2022

Liberals know the reaction already.

That leaves CJ Roberts.

Or clerks, who would be ending their judicial career at the pinnacle of the legal feeding trough.

Ocelot II

(115,719 posts)
5. I doubt it. The Supreme Court doesn't care much about public opinion
Mon May 9, 2022, 10:57 AM
May 2022

because they don't have to. They have jobs for life; they don't have to run for re-election; their decisions rarely affect them personally; and overturning Roe is exactly what the majority of them have wanted to do for years, even though several of them lied about it. And the arrogant tone of the draft opinion tells us everything we need to know about how many fucks Alito has to give about what anybody else thinks. Also, if they cared about public opinion they'd more likely have leaked it back in February when it was written.

Anyhow, the last thing they want is for there to be any perception that they are influenced by what anybody outside their comfortable legal bubble thinks. They are supposed to be above all that, not influenced by politics or ideology; they just decide the law - or that's what they want us to believe. I think the motivation was just the opposite: to be able to issue a truly odious decision that goes against what the majority of the population thinks about abortion, and put it out there as a big old fuck you, so any possibly waffling justices won't back away from it and thereby appear to be influenced by public outrage.

underpants

(182,823 posts)
8. As observers of their media this is their principle strategy
Mon May 9, 2022, 11:07 AM
May 2022

Get their point out first and then drill it into peoples heads. Repetition Repetition Repetition.

Also, their unified “It’s about the leak!!!” thing is pure projection and it stunk of it.

empedocles

(15,751 posts)
9. Could be the leak was allowed by CJ Roberts,his concern for the 'Roberts Court' reputation, and risk
Mon May 9, 2022, 11:31 AM
May 2022

to the republicon party. The CJ might think it would be a wake-up call for the medieval, cloistered, protected, rw - not that the CJ would leak himself, [but not stop the leak?].

My guess is CJ is head and shoulders, deeper*, than the Court rightwing nuts - and aware of the 'TANEY' label already put on him.

That was my kind of guess on the CJ crucial vote, saving Dem healthcare for millions.



* [Recently, one of the legal cognoscienti, said that Roberts was the best among the SCOTUS bar]

usonian

(9,810 posts)
11. It was a Big F U
Mon May 9, 2022, 11:54 AM
May 2022

Ginny, most likely, to:

Challenge America to charge these errand boys, sent by grocery clerks with perjury. Or not.
Challenge America to pass effective legislation so that the Extreme court can't make law. Or not.
Challenge Anonymous to blow up their secret society, where they swap black robes for their white ones. Or not.
Challenge the legal profession to F-ing disbar them for trying to back-date the Constitution to the time of the Inquisition.
Challenge the conjoining of state and a religion that says life begins at conception, not birth. Or not.

OK, enough of this.
DO YOU ACCEPT THE CHALLENGE?
GET OUT THE F-ING VOTE AND THROW THEM ALL OUT.

Shameless plug for my GOTV, Stand Up and Fight! page.
https://democraticunderground.com/100216380145

If this isn't "inspiration" enough, I found this article helpful, like an espresso and a double-fudge brownie.


https://www.dailykos.com/story/2022/5/8/2096804/-My-slogan-Defeat-EVERY-Republican-Your-suggestions

My slogan: Defeat EVERY Republican! Your suggestions?
May 08, 2022 5:52pm PDT by Diesel Kitty, Community

To take our country back in November, we need to win elections at every level, by making the real nature of the Republican Party — not just individual Republicans — clear to the average voter who doesn’t pay much attention to politics. To be effective, we need simple, clear slogans — something that will fit on a bumper sticker, a billboard, or a 15-second commercial — and will stick in peoples minds. It needs a unifying theme — such as a tag line. They should be controversial, so that they get a lot of free attention from the media. They should tag every Republican candidate with the crazy statements from their rightmost fringe — then let the Republican candidates waffle and squirm when the media ask if they support this or that crazy position. My suggestion for the unifying tag line is

Defeat EVERY Republican!

Here are some bill boards and bumper stickers that could use this:

Defend Women! Defend America! Defeat EVERY Republican! (graphics of women in the armed services)

Defend Free Elections! Defeat EVERY Republican ! (graphics of Trump, McConnell, and the Jan 6 insurrection)

They are CROOKS, KQQKS & TRAITORS! Defeat EVERY Republican! (graphics of Trump, McConnell, Jan 6 shaman, Qanon demonstration)

Defend America! Defend our future! Defeat EVERY Republican! (graphics of forest fire, hurricane, full earth from space, child protesting climate change)

Republicans would force children to give birth! Defeat EVERY Republican! (graphics of pregnant pre-teen girl in handcuffs, evil 6 supreme court justices)

Republicans want to outlaw your birth control! Defeat EVERY Republican!

Election Fraud. Pedophilia. Treason. Every accusation is a confession. Defeat EVERY Republican!

Please give your suggestions and improvements in the comments. I am angry and scared enough to put some significant money behind this.


FM123

(10,053 posts)
12. I have two thoughts about this....
Mon May 9, 2022, 11:59 AM
May 2022

Either Ginni leaked this to distract from what is about to hit the fan from the Jan 6 committee OR Alito (prob his clerk) leaked this to ensure none of the conservative judges pulls a "John Roberts" at the last minute like he did with Obamacare.....

onenote

(42,704 posts)
15. My two thoughts
Mon May 9, 2022, 03:28 PM
May 2022

One: if the goal was to distract from the January 6 Committee, why leak it more than a month before those hearings?

Two: how would leaking it keep a justice from deciding not to sign onto Alito’s opinion (since he’s all but certain to issue that opinion whether no matter how many other justices sign onto it?

 

Marius25

(3,213 posts)
13. To solidify the ruling
Mon May 9, 2022, 12:06 PM
May 2022

By leaking it, and seeing public backlash, if the Judges change their mind, it will look like they bowed to public pressure, which they claim they won't do.

So this locks in the 5 conservative votes.

onenote

(42,704 posts)
16. I doubt they care
Mon May 9, 2022, 03:30 PM
May 2022

With or without the leak they would be crocuses by the hard right if they didn’t sign on to Alito’s opinion and issued their own or joined Roberts

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