Look, it's possible. So long as the investigation is underway, with the culprit or culprits still yet to be identified, various scenarios should be considered. There is one school of thought, advanced by NPR's Nina Totenberg, that posits a theory that a conservative clerk or staffer leaked the draft, with various potential motives. But for what it's worth – and I'll emphasize that I think the party or parties responsible should face grave career consequences, no matter who did it – I tend to agree with Allahpundit's initial analysis that while a few plausible possibilities exist, perhaps the likeliest outcome of the whodunit riddle is that the leak emerged from the leftist wing of the Court. Totenberg evidently dismisses that reasoning altogether, stating that the only sensible theory implicates SCOTUS' right flank:
Nina is a Democrat Operative. Nothing more. And the gaslighting here is hysterical ?? ??NPR's Nina Totenberg: The Only Theory 'That Makes Sense' is the Supreme Court Leaker is a 'Conservative Clerk' https://t.co/GYSfsmzGxa
— Jon Nicosia (@NewsPolitics) May 8, 2022
There are, shall we say, a few counterpoints:
If this were really the leading theory, the WH would have denounced it, which of course they did not.
— Guy Benson (@guypbenson) May 8, 2022
The White House declined to denounce the shocking, institution-undermining leak, and also refused to condemn the doxxing of conservative Supreme Court justices, whose personal homes were picketed over the weekend. The Biden administration effectively endorsed this:
The energy is markedly more negative outside Kavanaugh’s house. The anger has become much more palpable than outside any other justices’ house. pic.twitter.com/zY2OY34hcA
— Douglas Blair (@DouglasKBlair) May 8, 2022
The marchers have made it to what appears to be Justice Kavanaugh’s house. pic.twitter.com/c5YJMULMv7
— Douglas Blair (@DouglasKBlair) May 8, 2022
The media, fortifying its reputation as purveyors of zealous abortion activism, has actually lionized some of the individuals picketing private homes. Would the Washington Post write a sympathetic puff piece about a right-wing figure stalking Justice Sotomayor at her private residence, after the liberal justices' addresses were published online by, say, the Proud Boys? We all know the answer to that question. Might Team Biden and the journalist class bring themselves to rebuke this attack if it turns out to be what it appears to be?
BREAKING: Somebody vandalized and allegedly threw Molotov cocktails into Wisconsin Family Action’s — an anti-abortion rights group — Madison office, writing w/ graffiti, “If abortions aren’t safe, then you aren’t either.”
— Alexander Shur (@AlexanderShur) May 8, 2022
Story TK pic.twitter.com/6Wfnyeh9hQ
Derek Thompson of The Atlantic also notices that more leaks appear to have emerged from the Court, this time from the conservative side:
I'm confused.
— Derek Thompson (@DKThomp) May 8, 2022
I was reliably told that leaking an old Alito opinion was treasonous destruction of a sacred institution, but now the Court's conservative camp is just plainly describing to reporters the full behind-the-scenes tick-tock of the Dobbs case weeks before the decision. pic.twitter.com/frOnL4j0pA
There may have been some vague whispers to the Wall Street Journal editorial board weeks ago, then came the stunning and unprecedented leak of an entire draft opinion. With the lid blown fully off this story in such a startling way, people are chattering to reporters about what's happening behind closed doors. None of this is good. None of this is helping the Court or our institutions. The premature Dobbs revelation must be regarded as an appalling and singular outlier and not the start of a trend. Swift and painful repercussions for whomever is responsible might go a long way as a deterrent. Former US Attorney General Bill Barr told me he believes criminal charges may be appropriate:
"This was an obstruction of the judicial process. It was an interference in the due administration of justice. So I think that it’s a crime that was done -- appears to have been done. And I think eventually it will be shown to have been done in order to derail the opinion and upset the deliberations of the court. And so I think ultimately it belongs in the criminal justice side of things. And the person who did this should go to jail."
Meanwhile, the fringe left's unhinged reaction to all of this continues apace:
I’m sorry but which state in America would actually opt to ban interracial marriage in the Year Of Our Lord 2022 pic.twitter.com/qtOUBpJUVl
— Nate Hochman (@njhochman) May 8, 2022
My 4-step plan:
— Laurence Tribe (@tribelaw) May 7, 2022
1. Pass a Senate Rule by a majority vote to get rid of the filibuster.
2. Pass HR 3755, the Women’s Health Protection Act of 2021, to protect medical services including abortion the way Roe v Wade did.
3. Pass the Thirteen Justices Act.
4. Appoint 4 new justices.
NPR did a fact-check claiming to debunk 7 abortion myths, but at least 5 of their responses are wrong or deceptive. This is why the media fact-checking genre has been such a joke. It’s really just spin meant to push an opinion. https://t.co/yZGrXVZUBR
— AG (@AGHamilton29) May 7, 2022
MSNBC's Dean Obeidallah responded to objections to the targeting justices: "Not F**king happening! We are just getting started!" Former Sanders national press secretary Briahna Joy Gray called to "bully them harder." These are the voices of rage addiction. https://t.co/eP8YO6Tmde
— Jonathan Turley (@JonathanTurley) May 7, 2022
I'll leave you with a reminder that Senate Democrats' radical bill that the media dutifully describes as "codifying Roe" in fact goes much, much further than codifying Roe. And I wrote last week that because public opinion on abortion is actually quite complicated, and because there are other major issues confronting the electorate right now, the Democrat-press narrative of an abortion game-changer might be overblown. Here's a post-leak data point from CNN that buttresses my analysis:
Narrative buster: In new CNN poll, taken *after* SCOTUS leak, GOP leads on generic ballot by 7 points & among the most enthusiastic voters, nearly twice as many say they’d be happy about overturning Roe vs. angry about it: https://t.co/CdaIWCagVw pic.twitter.com/h1X95H6xgh
— Guy Benson (@guypbenson) May 6, 2022
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