What will happen to the SCOTUS leaker? Motivation behind leak and consequences ahead …

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(Video Credit: Fox News)

Historic news broke from the Supreme Court on Monday when a draft opinion was leaked that allegedly indicates the abortion landmark case Roe v. Wade will be overturned and constitutional attorney Alan Dershowitz believes it happened to sway opinion on the high court.

Politico broke the story causing shock waves to crash through liberal enclaves, immediately resulting in protests outside the Supreme Court. The breach of court decorum is unprecedented in modern history. The draft opinion is said to have been written by Justice Samuel Alito.

“We hold that Roe and Casey must be overruled,” Alito purportedly writes in the February draft, which is labeled as the “Opinion of the Court.”

“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” the draft reads. “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

If the abortion case is overturned, then the power to determine whether the procedure is legal or not will be handed back to the individual states.

Dershowitz appeared on Fox News host Sean Hannity’s show Monday night to discuss the breaking story.

“I strongly oppose overruling Roe v. Wade after 50 years, but I think it will be overruled,” the Harvard Law professor and respected legal scholar stated.

“I have a theory, and it’s only a theory. I think this was leaked by a liberal law clerk who was trying to change the outcome of the case, either by putting pressure on some of the justices to change their mind, or by getting Congress to pack the court even before June, which is very unlikely or to get Congress to pass a national right-to-abortion law, which would apply to all the states, and that would have to come to the Supreme Court to see whether that could be upheld under the Commerce Clause,” Dershowitz posited.

“But I think this is real and I think that – my theory is that it was leaked by somebody who wants to change the outcome. Look, I’ve been watching the Supreme Court for 55 years. And this has all the hallmarks of reality and it does not have the hallmark of a decision that’s likely to be changed. Maybe Chief Justice Roberts will go with the minority, but I think they seem to have five votes at this point to overrule Roe v. Wade,” he continued.

Hannity then asked Dershowitz if there was ever a time that another Supreme Court opinion was leaked.

“Never has,” he responded. “It never has, and it can only be done if somebody thinks this is an act of civil disobedience, an act which might get him disbarred, fired from the Supreme Court, or her if it’s a law clerk. And yet they want to go to the mat because they think there’s one chance to try to preserve Roe v. Wade, and that’s by leaking this decision to Politico. They didn’t leak it to Fox, they leaked it to Politico. So it fits together. It’s just a theory. I have no information to support it, but it seems to me the most plausible theory as to who leaked it, why it was leaked, and how this does sound like it’s extremely realistic.”

According to Politico, a source stated that conservative Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted with Alito to overturn the law. Liberal Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan are in dissent and Chief Justice John Roberts is an unknown on the issue.

A final official opinion is expected in June.


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