OPINION: This article may contain commentary which reflects the author's opinion.
Fox News contributor Katie Pavlich believes Democrats want to “ignore the leak” from the U.S. Supreme Court, arguing that it follows a pattern of Democrats trying to undermine the court.
During an interview on Fox News, Pavlich spoke about the Supreme Court reportedly voting in favor of striking down the controversial Roe v. Wade decision.
A draft majority opinion written by Justice Samuel Alito was leaked to Politico earlier this month and it set off a firestorm on social media. Supreme Court Chief Justice John Roberts called the leak of a draft opinion “absolutely appalling” and announced an investigation to find the leaker.
Pavlich argued there may not be much motivation to identify the leaker.
“There’s been a lot of speculation about whether this was a liberal clerk, who was clerking for a more left-leaning justice. There have also been some accusations from Democrats that this was a conservative on the court leaking this because they want Roe versus Wade overturned,” Pavlich began.
“We don’t know who it is. We have heard calls from the likes of Senate Minority Leader Mitch McConnell saying that the leaker should be prosecuted if they have broken any laws. The Department of Justice has not expressed much interest in looking at who the leaker is, and certainly, they haven’t expressed much interest in going after people descending on the homes of conservative justices,” she added.
“But if you look at the way that the evidence has piled up, Democrats have used this, including the White House. They’ve tried to ignore the leak, to push it aside, as Jen Psaki said when it first came out, to focus on the issue of Roe versus Wade. And it follows a pattern of Democrats trying to undermine the court, whether it’s with court-packing or going after Supreme Court nominees that happen to be appointed by a Republican, trying to get their nomination thrown out,” Pavlich continued.
“And, of course, you’ve had Senate Majority Leader Chuck Schumer standing on the steps of the court just last year during a hearing on a case about abortion threatening Justices Kavanaugh and Gorsuch on that very issue. So it follows the left-leaning pattern, but we do not know who the leaker is,” she concluded.
Last week, Fox Business anchor Maria Bartiromo said she believed the identity of the Supreme Court leaker will be revealed in “short order.”
“We are going to know who leaked that draft opinion in short order,” Bartiromo said.
“I’ve got [Sen.] Ted Cruz on the show today, and he basically walked me through it yesterday when we were talking about today’s appearance — that there is — it’s really a small group, 12 people,” Bartiromo added. “Because it’s three liberal justices that have four law clerks each, a pool of 12 people that people are looking at right now. There is an investigation underway.”
Soon after Alito’s draft majority opinion leaked, it’s assumed there were at least 5 votes in favor of overturning Roe v Wade, leaving state legislators to weigh their own abortion policies.
More bluntly, if the Supreme Court does announce that Roe v Wade is overturned, each state will have to pass abortion laws and it’s likely many will enact very strict measures against the practice.
“The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right,” Politico reported.
“Roe was egregiously wrong from the start,” Alito writes.
“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.”
Alito adds: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
“We, therefore, hold the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito writes in the document, labeled the “Opinion of the Court.”
Texas GOP Sen. Ted Cruz also offered his opinion of who he believes the culprit may be.