Everyone wants to know who leaked a draft Supreme Court opinion striking down Roe v. Wade to the press.
Clarence Thomas may have the answer.
And Clarence Thomas just dropped a major hint about who was behind the Supreme Court leak.
In an event hosted by the American Enterprise Institute, the Manhattan Institute and the Hoover Institution that was held in Dallas, Justice Thomas offered his most expansive thoughts on the leak of Justice Alito’s draft majority opinion overturning Roe v. Wade.
Justice Thomas compared the damage the leak did to the court to how infidelity can destroy a marriage; once a partner knows the other is unfaithful there is no going back.
“When you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder,” Justice Thomas said. “It’s kind of like infidelity that you can explain it, but you can’t undo it.”
Justice Thomas said the court operates under a poisonous partisan atmosphere that is nothing like how the justices operated in 1991 when the Senate first confirmed him to the Supreme Court.
“This is not the court of that era,” Justice Thomas added. “I sat with Ruth Ginsburg for almost 30 years and she was actually an easy colleague to deal with. … We may have been a dysfunctional family, but we were a family.”
Then Justice Thomas got to the heart of the matter hinting one of his fellow justices or law clerks leaked the Alito opinion by declaring that the leak will define – or end – their legal career.
“Anybody who would, for example, have an attitude to leak documents, that is your general attitude, that is your future on the bench,” Justice Thomas declared.
The leak likely came from one of the liberal justices or one of their clerks in a last-ditch effort to whip up a tsunami or protest and street violence – a carbon copy of the Black Lives Matter insurrection following George Floyd’s death – that one of the conservative justices would have to switch their vote and keep Roe v. Wade in place.
But Justice Thomas cautioned that conservatives should not copy liberals and protest outside liberal Supreme Court justices’ homes if a decision did not favor the political right.
“You would never visit Supreme Court justice[s’] houses when things didn’t go our way,” Justice Thomas explained. “We didn’t throw temper tantrums. … It is incumbent on us to always act appropriately and not to repay tit for tat.”
Finally, Justice Thomas put a button on the whole Roe debate by ridiculing those on the left who cited Roe must stand forever because of the legal doctrine of “stare decisis” – which translates to let the decision stand.
Liberals claim that since Roe is precedent it is invulnerable from legal challenges.
Justice Thomas mocked that argument claiming the only people who fell back on “stare decisis” were those that ran out of arguments to make for their side.
“When someone uses stare decisis that means they’re out of arguments,” Justice Thomas concluded.
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