While the investigation into the leaker’s identity appears to have hit a wall…CNN made up a new story to renew the call…
Left-leaning CNN published an article Tuesday and has renewed speculation that the leaker must have come from the Court’s conservative side, not the liberal one.
According to a recent CNN report, the outlet suggests that U.S. Supreme Court Chief Justice John Roberts had attempted to lobby fellow conservatives on the Court not to overturn Roe v. Wade but was stymied by the leaked draft that indicated the justices were poised to roll back the 1973 decision.
CNN’s Joan Biskupic’s piece is trying to sniff out which side of the Court leaked Alito’s draft. A liberal would have had a motive to leak it if they either didn’t know that Roberts was lobbying the conservatives to switch their votes or if they did know but had reason to believe that those efforts had conclusively failed.
If the five votes to overturn Roe were already “locked in” then a disgruntled lib might have decided to torch the Court’s mystique in frustration, leaking the draft to shatter the code of silence among personnel and maybe trying to galvanize a political backlash that would cause members of the majority to switch after all.
The CNN report claimed that Roberts had been focused on swaying the two newest justices — Kavanaugh and Barrett — but that he had been derailed somewhat when the leaked draft, authored by Justice Alito, became public.
“Roberts’ persuasive efforts, difficult even from the start, were thwarted by the sudden public nature of the state of play,” the report stated. “He can usually work in private, seeking and offering concessions, without anyone beyond the court knowing how he or other individual justices have voted or what they may be writing.”
CNN’s “New Day” covered the topic on Tuesday morning as well:
New CNN reporting from @JoanBiskupic: Chief Justice John Roberts privately lobbied his fellow conservative justices to preserve Roe v. Wade – but the unprecedented leak of the draft opinion may have doomed his efforts. pic.twitter.com/g0fKkIT14f
— New Day (@NewDay) July 26, 2022
More details of this report from The Daily Wire:
The report also concluded that Roberts’ efforts, however fervent, did not appear to be moving the needle with regard to Kavanaugh and Barrett even before the leak — and added that if threats against their families were not enough to sway them from their position, it was unlikely the Chief Justice would have been successful.
A number of critics followed the decision overturning Roe with accusations against Kavanaugh and Barrett specifically, claiming that they had lied during their Senate confirmation hearings when they stated that the 1973 decision was “precedent.”
But both also declined to answer any questions about how they might vote in future cases — as those questions were rooted in hypotheticals — and precedents have been overturned in the past when the law was later found to be unjust. Examples of those include Plessy v. Ferguson — which allowed racial segregation under the banner of “separate but equal” and was later overturned in Brown v. Board of Education — and Korematsu v. United States, under which Japanese Americans were rounded up and placed in internment camps while the United States battled the Empire of Japan in World War II.