The original Roe v. Wade ruling was leaked, too

Women's rights advocates hold signs during the nationwide Women's March, held after Texas rolled out a near-total ban on abortion procedures and access to abortion-inducing medications, in Austin, Texas, U.S., October 2, 2021. REUTERS/Evelyn Hockstein

Look at the mess Trump and Immediately following the president’s announcement of Garland, Senate Majority Leader, Mitch McConnell, announced a firm refusal to consider nominees to the Supreme Court until the next presidential inauguration. Blocked for one year nobody thought Trump would win and Russia helped his election period. Trump Loved him some Putin. Putin used Trump.

I wish we could blame men for these women getting pregnant they could wear condoms. It should be illegal for a man to get unwed women pregnant that would stop this mess. This is not about black and brown people the country could give a damn about black babies. This is the white man controlling the white women’s womb. If abortions were legal for minorities only nobody would give a damn. Here we are pretending to care about babies in the womb and killing black kids in the streets of America. So this is about white women only. They are afraid they are not having enough babies so now black people and brown people will have way more babies and that will be really good.

I hope people go and vote if you don’t want unwanted pregnancy take care of your own penis and womb. You are free not to get anyone pregnant so don’t legislate anyone’s rights. You forgot what women had to go through to get illegal abortions and die because of it. Sex can be forced and not wanted even from a husband and boyfriend. This is really tough for me because my mother had me young in 1962 and she could have gotten an illegal abortion and I would not be here, she had me at 16 years old. I believe in a women’s ability to choose what she does with her body. Black women die at a higher rate than white women during childbirth. So here we are black people at risk again and this sucks. You are free legislating white womb all you want but leave black people alone please, if you can get us out of jail and stop killing us in the streets that would be good. you don’t give a damn about black people so don’t think this about black people. This is about power. Not about women. So if a child is born with his brain outside of his body or his heart outside of his body. Or with severe birth-defect Just let the kids suffer. this is not right at all.

So now the Gay right is going to be gone because it was not in the original constitution and women died during childbirth when the constitution was written. The use of contraception is going to be illegal. So they are telling women they must be breeders. The government does not have the right to make women have babies. You don’t give a damn about saving black lives so cut out this Christian worldview the government and religion are supposed to separate that is in the constitution. This is not about abortion it is about white men and their power to control women. Next, we roll back Civil rights cause black did not have rights as humans. This is a real Rabbit hole. Blacks will be 3/5 of human again and Trump was a real white supremacist for real.

The news site Politico sent shockwaves across the country Monday night when it published what appears to be an initial draft majority opinion — written by Justice Samuel Alito and reportedly circulated inside the court — suggesting that the U.S. Supreme Court intends to strike down Roe v. Wade.

Chief Justice John Roberts confirmed the authenticity of the document in a statement on Tuesday morning but says it does not represent the court’s final position. He’s also ordered the Supreme Court marshal to investigate the leak.

Report: A leaked draft opinion suggests the Supreme Court will overturn Roe v. Wade
LAW
Report: A leaked draft opinion suggests the Supreme Court will overturn Roe v. Wade
NPR legal affairs correspondent Nina Totenberg previously told Morning Edition that “it really smells like, looks like, and feels like the real thing.”

Striking down Roe effectively would end federal protections for abortion rights, opening the door for states to ban or restrict access to the procedure. While such a ruling would have enormous consequences, legal experts and onlookers alike are also struck by how the draft opinion made its way into public view in the first place.

Leaks of any kind are rare at the Supreme Court, and Totenberg says there hasn’t been such a massive breach in modern history. She called it a “bomb at the court” that undermines everything the body stands for internally and institutionally, including its members’ trust in their law clerks and in each other.

“No fully-formed draft opinion has been leaked to the press or outside the court,” Totenberg says. “Once or twice there may have been leaks that say how is something going to turn out, or after-the-fact that somebody may have changed his or her mind. But this is a full-flown, Pentagon Papers-type compromise of the court’s work.”

There were actually two Roe-related leaks

“There have indeed been leaks at the court before, albeit of a different scale. One of them actually was about the case at the heart of today’s conversation: In 1973, the original Roe decision was leaked to the press before the court had formally announced it.”

Jonathan Peters, a media law professor at the University of Georgia, noted in a Twitter thread that there were actually two Roe-related leaks in the 1970s. The Washington Post published a story about the court’s internal deliberations, including a June 1972 memo from Justice William O. Douglas to his colleagues that was mysteriously leaked.

Seven months later, Time magazine published the final decision and vote details just hours before the court was due to announce it — the result of an early scoop and a delayed ruling.

“A Supreme Court clerk named Larry Hammond told Time staff reporter David Beckwith, a law school acquaintance, that the Roe ruling was coming, according to lawyer and author James Robenalt, who detailed the incident in a Washington Post column on Monday.”

Hammond gave Beckwith the information “on background,” and it was only to be reported once the opinion came down from the court. But the ruling was slightly delayed, and that week’s magazine ended up hitting newsstands a few hours too soon.

The “20-second rule” and a double-cross

Then-Chief Justice Warren Burger was reportedly furious about the leak, demanding a meeting with Time‘s editors to tell them off. He also sent a letter to the other justices demanding that the leaker be identified and punished, and threatened to subject law clerks to lie-detector tests if no one came forward, Robenalt said.

According to Peters, this was also the origin of Burger’s “20-second rule,” in which any law clerk caught talking to a reporter would be fired in under half a minute.

Activists look ahead to what could be the ‘last anniversary’ for Roe

Hammond offered his resignation to his boss, Justice Lewis Powell. But Powell didn’t accept it, and instead called Burger to tell him “that Hammond had been double-crossed,” writes Robenalt, who interviewed Hammond for his 2015 book about the political and cultural events of January 1973.

Burger wasn’t quick to forgive the magazine, but accepted Hammond’s apology and let him stay on as Powell’s clerk. He continued in that role for an additional term before leaving the court to join the Watergate Special Prosecution Force.

“The story of Hammond’s close call became a legend to other clerks on the court at the time and has been passed down as a cautionary tale over time,” Robenalt added.

Five decades later, the court is once again grappling with an internal leak about an unreleased ruling on matters concerning reproductive rights.

Totenberg had predicted on Morning Edition that the court would try internally to figure out who leaked the document, noting that while such a leak isn’t a crime, “it’s a career-ender for whoever did.”

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