Courts

Do You Want More Evidence The Dobbs Leak Came From The Right? Here Ya Go.

The leak locked in the aggressive tone of the final decision.

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Supreme Court’s Roe Decision Disapproved By Majority In Poll

Photographer: Eric Lee/Bloomberg via Getty Images

Anyone who’s been paying attention to the Supreme Court’s Dobbs v. Jackson Women’s Health draft leak suspects the leak came from one of the conservative justices or their inner circle since they’re the only folks with any motive. And, as many anticipated when the leak first happened, it turns out that the IDGAF tone of the draft decision was calcified in the final opinion, at least in part, because of the leak.

And, of course, despite the sturm und drang over the leak, the Supreme Court’s investigation was unable to pinpoint a suspect — while leaving nine very obvious stones unturned. All of which just further seemed to solidify the prevailing logic that the leak came from the right.

But now there’s even more evidence for that theory. An excerpt from CNN Supreme Court analyst Joan Biskupic’s new book, Nine Black Robes: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences, has been published revealing some key (if obvious) insights into what happened behind the SCOTUS scenes when the draft was leaked:

The leak also had the effect of hindering internal debate among the justices in the Dobbs case. Justices later privately revealed that public disclosure of the 5-4 split and the tone of the opinion outright rejecting Roe v. Wade effectively froze the votes. That eliminated the opportunity for compromise, as can happen with hard-fought cases in the final weeks of negotiation.

…Which feels exactly right. So now there’s even more evidence that the far right benefitted from the leak. It’s worth remembering that next time some right-winger pitches a fit over the Dobbs leak.

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].

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