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WATCH: Here’s Why So Many People Believe A Right-Wing SCOTUS Clerk Leaked That Draft Opinion

WATCH: Here’s Why So Many People Believe A Right-Wing SCOTUS Clerk Leaked That Draft Opinion

Donald Trump: impeach SCOTUS

It has been almost a week since the Big Leak — the public release of a draft opinion from the Supreme Court of the United States that included the overturn of Roe v. Wade. Even before SCOTUS confirmed that the draft was authentic, conservatives were trying to turn the attention away from the content, and make the public focus on who the leaker might be. Now one prevailing opinion is that it was one of their own.

Donald Trump: impeach SCOTUS
[Photo by Alex Wong/Getty Images]

While conservatives have tried to force journalists to focus on the leak and seeking someone to blame, the most important story has been, all along, the stripping of rights and the removal of bodily autonomy from pregnant people — something that must be addressed at every level, from public protest, to state and federal legislation to protect reproductive freedom and overall protection of access to healthcare.

That’s the most important thing — but it isn’t the only thing, and when it comes to the leaker, the motivation and the outcome of the leak are relevant considerations.

Appearing on ABC‘s This Week, NPR Supreme Court correspondent Nina Totenberg explained why one theory that makes the most sense to many people is that it was a right-wing clerk, not hoping to change the position of a Justice, but to cement it.

“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, and then there’s another theory that it was an outraged liberal clerk, but I think the only one that makes sense is that it came from somebody who was afraid that this majority might not hold.”

Of course, to join a more moderate opinion after the leak could be seen as bowing to public pressure — something a law clerk would likely know that a Justice would want to avoid.

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