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the official new supreme court thread - Very political


If they cared they would have gone with Roberts plan to chip away at Roe until there was nothing left. But this court has the votes and DGAF. They're all set to impose their political will on the country.
 
If they cared they would have gone with Roberts plan to chip away at Roe until there was nothing left. But this court has the votes and DGAF. They're all set to impose their political will on the country.

Because they know that's why they were nominated and confirmed. But you're exactly right, and the Roberts plan would have garnered FAR less attention. Similar to the water being turned up a few degrees on the frog.
 
Because they know that's why they were nominated and confirmed. But you're exactly right, and the Roberts plan would have garnered FAR less attention. Similar to the water being turned up a few degrees on the frog.

Which is why I think a conservative leaked it because Roberts was putting his plan into motion.
 
Because they know that's why they were nominated and confirmed. But you're exactly right, and the Roberts plan would have garnered FAR less attention. Similar to the water being turned up a few degrees on the frog.

They would've gotten great media coverage, all "Supreme Court upholds Roe, liberals overreacted again!" before moving on. (Even though they would have been destroying Roe in the process.)

But you're right, that's not what they were brought in to do!
 
Which is why I think a conservative leaked it because Roberts was putting his plan into motion.

Yeah, at this point I think it's pretty clear that a conservative clerk or staffer leaked it to prevent any backsliding by one of the far-right five.
 
I don’t agree though obviously anything’s possible. Roe being over turned was a fore gone conclusion; it was just a matter of time before the Conservative Judges made it happen. My guess is it was a liberal judge clerk who saw it was an opportunity to energize the Dem/Pro Choice base with mid terms coming up. I can’t imagine it’ll be too long before we find out (if Robert’s doesn’t know already) and reluctant to disclose and throw gas onto the fire.
 
I don’t agree though obviously anything’s possible. Roe being over turned was a fore gone conclusion; it was just a matter of time before the Conservative Judges made it happen. My guess is it was a liberal judge clerk who saw it was an opportunity to energize the Dem/Pro Choice base with mid terms coming up. I can’t imagine it’ll be too long before we find out (if Robert’s doesn’t know already) and reluctant to disclose and throw gas onto the fire.

That’s completely rational since otherwise, we wouldn’t find out the court’s decision until we’ll after the midterms.
 
Midterms are coming up in November. The decision was going to come out in June. The leak needed to come out before the decision. How much interaction do liberal clerks have with conservative clerks who are authoring the majority option at this stage?
 
I don’t agree though obviously anything’s possible. Roe being over turned was a fore gone conclusion; it was just a matter of time before the Conservative Judges made it happen. My guess is it was a liberal judge clerk who saw it was an opportunity to energize the Dem/Pro Choice base with mid terms coming up. I can’t imagine it’ll be too long before we find out (if Robert’s doesn’t know already) and reluctant to disclose and throw gas onto the fire.

Maybe, but the issue is that if the liberal clerk knew the ruling they didn't need to leak the news early, they just could have waited until the ruling came out this summer and there would still have been the same outrage. In fact, politically it might have been better to wait as releasing the news now may lessen the full impact of the actual ruling in this summer, which is closer to the midterms. There have been stories that Roberts is working on the other five to try and water down the ruling, so it would make sense for a pro-life clerk to pressure the five to stand fast by releasing the full decision to the press. It may well be awhile before we know for sure.
 
We won't know unless it benefits conservatives.
 
Midterms are coming up in November. The decision was going to come out in June. The leak needed to come out before the decision. How much interaction do liberal clerks have with conservative clerks who are authoring the majority option at this stage?

I imagine the clerks have access to the drafts since they’re writing lots of it and without knowing the majority, you can’t write a dissent.
 
Pop, why would Roberts reveal results of an investigation that hurts his side? That’s now how conservatives operate.

I imagine the clerks have access to the drafts since they’re writing lots of it and without knowing the majority, you can’t write a dissent.

Sure but wasn’t this draft from February? At what point do they share drafts? We’ve heard that this could be far from the final draft. We don’t even know if Alito is the only one working on a draft opinion.
 
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Pop, why would Roberts reveal results of an investigation that hurts his side? That’s now how conservatives operate.



Sure but wasn’t this draft from February? At what point do they share drafts? We’ve heard that this could be far from the final draft. We don’t even know if Alito is the only one working on a draft opinion.

I suck at twitter embedding, but this guy's hypothesis makes sense:

https://twitter.com/steve_vladeck/status/1524358412905197569?s=20&t=E5MtEj4m8GAS8l89tebwAA
 
youdarealmvp.gif

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