‘Leaked by a Liberal Law Clerk Who Was Trying to Change the Outcome’: Dershowitz Floats Theory on Why Draft of Opinion Overturning Roe v. Wade Was Leaked


Media personalities across the political spectrum reacted to the shocking leak of the draft of a majority opinion of the U.S. Supreme Court in an unprecedented breach of court custom. Written by Justice Samuel Alito, the opinion shows the court is set to overturn Roe v. Wade, the landmark reproductive rights case that established a constitutional right to an abortion.

Alan Dershowitz, appeared with Sean Hannity on Monday night to give his reaction to the breaking news.

“I strongly oppose overruling Roe vs. Wade after 50 years, but I think it will be overruled,” the Harvard Law professor stated. He then theorized who leaked the opinion and why:

I have a theory, and it’s only a theory. I think this was leaked by a liberal law clerk who was trying to change the outcome of the case, either by putting pressure on some of the justices to Change their mind, or by getting Congress to pack the court even before June, which is very unlikely, or to get Congress to pass a national right-to-abortion law, which would apply to all the states, and that would have to come to the Supreme Court to see whether that could be upheld under the Commerce Clause.

But I think this is real and I think that–my theory is that it was leaked by somebody who wants to change the outcome. Look, I’ve been watching Supreme Court for 55 years. And this has all the hallmarks of reality and it does not have the hallmark of a decision that’s likely to be changed. Maybe Chief Justice Roberts will go with the minority, but I think they seem to have five votes at this point to overrule Roe vs. Wade.

Hannity asked Dershowitz if he could remember a Supreme Court opinion being leaked.

“Never has,” he replied. “It never has, and it can only be done if somebody thinks this is an act of civil disobedience, an act which might get him disbarred, fired from the Supreme Court, or her, if it’s a law clerk. And yet they want to go to the mat because they think there’s one chance to try to preserve Roe vs. Wade, and that’s by leaking this decision to POLITICO. They didn’t leak it to Fox, they leaked it to POLITICO. So it fits together. It’s just a theory. I have no information to support it, but it seems to me the most plausible theory as to who leaked it, why it was leaked, and how this does sound like it’s extremely realistic.”

Watch above via Fox News.

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Mike is a Mediaite senior editor who covers the news in primetime.