Here Are the 3 Theories on Who Might Be Behind the SCOTUS Draft Decision Leak

It’s turning into a real whodunit. Everyone seems to be asking: Who leaked the SCOTUS preliminary “opinion” document which noted the Court’s intent to overturn Roe v. Wade?

Many believe the magnitude of the calamity cannot be understated. The Wall Street Journal stated the leak was “spurring political chaos.” 

Senator Mitt Romney tweeted that the leak is an “appalling affront to a critical institution and should be fully investigated and those responsible should be punished.”

Senator Cruz tweeted: “This is a blatant attempt to intimidate the Court through public pressure rather than reasoned argument. I hope my fellow former clerks and the entire legal community will join me in denouncing this egregious breach of trust. 2/x.”

Politico reports that Chief Justice John Roberts said the leak is unprecedented in the modern history of the Supreme Court and that he assigned the chief marshall of the Court to investigate the matter.

And regarding whodunit, The Wall Street Journal notes there are several likely possibilities based on the leak’s “timing, content, and circumstances.”

The most obvious is that a liberal law clerk or SCOTUS staffer leaked the document. They have knowledge of proceedings and access to sensitive information.

There are political and financial motives in that scenario. The WSJ noted that even if the leaker was identified and faced disbarment or criminal charges, he or she would potentially reap significant benefits from a book deal and opportunities extended by progressive businesses, individuals and entities. 

Surprisingly, some on the left are arguing that a conservative staffer leaked the document and that the leak “may have been primed to solidify votes to overturn Roe v. Wade.”

The WSJ report suggests that with “Chief Justice John Roberts potentially unwilling to support the full termination of the 1973 ruling that created and enshrined a legal right to abortion, the court’s conservative justices will have to decide it in a thin 5-4 majority.” 

The leak, therefore, would put the justices on record and serve as an attempt to “lockdown their votes” in advance of a ruling next month. 

And some, such as National Security reporter Alex Ward, suggest the leak could have resulted from a “computer hack…possibly by a foreign government.” Ward tweeted:

And finally, some suggest our own government engineered the leak to distract the public from pressing issues, such as the war in Ukraine, the economy, the upcoming midterms, civil unrest, problems in the education sector, a reported upcoming food shortage, the border crisis, and legal issues related to Hunter Biden’s laptop and the Durham investigation.