MSNBC’s Chris Hayes Theorizes a Conservative Could Be Behind SCOTUS Leak

Screenshot via MSNBC

The Supreme Court draft opinion that suggests Roe v. Wade could be overturned being leaked to Politico this week has caused an uproar on both sides of the political aisle, with Republicans being particularly perturbed by the leak itself. But some have argued the person behind it could actually be a conservative.

MSNBC’s Chris Hayes is one pundit to have floated this theory. Senate Minority Leader Mitch McConnell has already blasted Democrats for celebrating the leaker, calling the move a “toxic stunt” being used by liberals for political gain ahead of the midterms.

Hayes argued on Wednesday, however, that a conservative could just as likely be behind the leak, arguing it works in Republicans’ favor.

“Again, I have no inside information but it seems totally possible the leak was done by a conservative to freeze the majority in place and head off inroads [Supreme Court Justice John] Roberts was making,” Hayes tweeted.

The Wednesday message came in response to a Wall Street Journal op-ed published last week that suggested Justice Roberts was “trying to turn” another Justice on keeping Roe v Wade as is. The convincing was happening amidst arguments over a case from Mississippi that could lead to Roe v. Wade being overturned. The leak on Monday showed a draft opinion that suggested there was majority support for overturning the decades-old law.

The leak could have ended the “inroads” being made by Roberts and pressured conservative judges into standing firm against the abortion law, as the leak has led to a left vs. right debate where partisanship is even clearer than it normally is.

Republicans like McConnell and others have suggested the leak is part of a campaign to inspire harassment and pressure on conservative justices, but the public outcry from liberal pundits and activists could have the opposite effect, some have argued.

CNN contributor and legal analyst Steve Vladeck argued in a tweet shared by Hayes that the leak could “soften the ground” for the landmark reversal potentially coming in June.

“It’s not at all obvious that the leak is coming from those looking to generate pushback against the five Justices supposedly in the majority, rather than from those looking to soften the ground for the result #SCOTUS now seems likely to reach,” he tweeted.