Supreme Court Expert Says There’s No Way Liberal Supreme Court Justices Were Involved in Roe Leak
CNN legal analyst and Supreme Court biographer Joan Biskupic claims there’s no way any of the liberal Supreme Court Justices could be behind the recent opinion draft leak sparking massive outrage over the suggestion Roe v. Wade could potentially be overturned.
In an interview with NPR’s Scott Simon, Biskupic asked if anyone benefitted from the leak and though she did not indicate if any of the justices could be behind the leak, she did cover for Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, based on her opinion of the three.
“I don’t think it serves either side,” Biskupic said. “First of all, in some ways, it would appear to present this as a pretty final document just because it’s now out there. And maybe in that respect, it could benefit the conservatives who really want this outcome of reversing the 1973 Roe v. Wade decision, but the outrage that it has provoked would probably cause some pause.”
She then added that the three remaining liberal Justices “would never have been party” to such a leak and neither would their clerks either, apparently.
“But then from the liberal end, the three remaining liberals on the court – Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan – first of all, from what I know of them, they would never have been party to anything like this, and I doubt that their clerks would have been,” Biskupic said.
There have been numerous theories floated about who could be behind the Supreme Court leak, with some liberal activists heaping praise on the anonymous leaker, while others have floated the possibility that a conservative Justice or clerk could have spilled the beans.
Biskupic later took aim at the influence of former President Donald Trump on the Supreme Court, claiming it has become more politically driven and divided along ideological lines.
“Donald Trump so undermined the integrity of the judiciary in that he acted as if judges who he appoints were automatically going to rule for him, and judges who were appointed by Democratic presidents would automatically rule against him,” she said.
Justice John Roberts, she further argued, has much less influence in the court after Trump appointed three conservative judges Neil Gorsuch, Amy Coney Barrett, and Brett Kavanaugh. Biskupic has covered Roberts plenty before, even writing the 2019 biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts.
“Now that he has far-right conservatives to his right, they don’t need him. And on this case, when this Mississippi case was teed up, the state wasn’t even asking for a reversal of Roe v. Wade,” she said. “It was only asking that its 15-week ban be upheld. I do not believe in this Mississippi case that he wanted to go this far so fast.”
Listen to the full interview above via NPR
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