Tipsheet

Is This the Supreme Court Leaker?

Matt Vespa
Matt Vespa  |  May 10, 2022 1:45 PM

Who leaked the Supreme Court draft opinion in the Dobbs case? It appears to show the Court is ready to overturn Roe v. Wade, which sent liberal America into a tailspin. I mean, we have feminists at full froth even though the ruling won't ban abortion. This is the result of decades of liberal propaganda and fake legal commentary. No, there is no constitutional right to an abortion. There is no mention of abortion in the founding document, which means it doesn't prohibit it. You can pass a law and have a legalized right to an abortion if you want. The lack of language about abortion in the Constitution is positive for the pro-life and pro-abortion sides if you want to go down the right path—the legislative one. 

But we can't have that debate now. We're supposedly on the brink of a total theocracy or something because this leaker decided to blow up the system of trust of professionalism that has marked this institution for 200-plus years. The draft opinion was authenticated by the Supreme Court. Chief Justice John Roberts said so in a statement. He has ordered the Marshal of the Supreme Court to investigate the leak. The FBI is going to get involved as well. National Public Radio's Nina Totenberg, who peddled fake news about the Supreme Court and mask-wearing not so long ago, declared Sunday that the leaker might be a clerk for a conservative jurist. Yeah, slow your roll, Nina. NPR has been straight trash with their reporting. Second, only a rabid pro-abort would do something like this. Sorry, it's just not in the conservative DNA. 

Will Chamberlain of the Internet Accountability Project and Human Events had a lengthy Twitter thread about who this leaker could be and zeroed in on Elizabeth Deutsch. It's pure speculation based on information from the public domain, but after he makes his case—it sort of sounds like she could fit the bill. She's a current law clerk for Justice Breyer. Chamberlain leaves it open that he could be wrong about her, but let's go through what he found: 

Here's where things start to get interesting. Every law student has to write a note - a long legal research paper, usually making a novel argument about the law.

Elizabeth Deutsch wrote hers about reproductive rights and abortion.

Specifically, she argued that Obamacare's non-discrimination provision should be interpreted to force Catholic hospitals to perform "emergency abortions."

Aggressive argument - and hey, law students make aggressive arguments.

While in law school she wrote a NYT op-ed about reproductive rights. Sensing a theme here.

[…]

… thanks to her NYT wedding announcement (of course), we know that she clerked for judge Nina Pillard.

Pillard was one of the DC Circuit judges appointed by Obama and forced through by Harry Reid blowing up the filibuster.

She's stridently pro-choice. Perhaps not shocking.

After her clerkships, she got a Gruber fellowship at the ACLU for a full year.

What was she working on?

You guessed it. Abortion and reproductive rights.

But none of this proves anything. Yes, Deutsch's career seems pretty focused on abortion. But without some connection to Josh Gerstein (the journalist who received the leak opinion) there would be no reason to suspect her.

Let's go back to that NYT wedding announcement.

"The bride and groom met at Yale. She is a lawyer. He is a journalist.

Isaac Arnsdorf just got hired by the Washington Post as a national political reporter. (Of course he's on the Trump beat).

But where has he written in the past?

Oh, look. He wrote for POLITICO.

SHARING A BYLINE WITH JOSH GERSTEIN.

No, this isn't doxxing. Everything Chamberlain found out about Deutsch is public. Also, this inquiry was inspired by possibly the worst security breach in the history of the Supreme Court. Leaking an opinion from the Court has never happened. It has national implications. The search for who is behind the Libs of TikTok account has no such consequences. Also, The Washington Post did reveal her address through a link (which has been removed) to her real estate license. I don't know where Ms. Deutsch lives, and I don't want to know. Yet, let's say "clerk x" has this sort of history, résumé, and was revealed to be the leaker—would you be shocked? 

That's all Chamberlain is trying to say here, while adding that he's willing and open to being totally wrong. 

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