Judge Samuel Alito made a big show of being appalled by this Dobbs v. Jackson Women’s Health Organization opinion that tipped over Roe v. calf, was leaked to Politically in May, more than a month before it was officially announced. He called the leak a “grave betrayal” and a “shock” that hit conservative judges “Target for Assassination”.
Chief Justice John Roberts then ordered an investigation into the leak, and congressional Republicans strongly suggested that a liberal leak the decision in hopes that public outrage would sway one of the conservative justices. Sen. Ted Cruz (R-Texas) immediately passed the blame with no evidence the morning after the leak “some angry left legal clerk” and said had such a breach of trust never happened in Supreme Court history.
On Saturday the New York Times dropped an explosive report this suggests that Cruz might not be quite right. The story claimed that Alito leaked that Burwell vs. Hobby Lobby Birth control decision to evangelical Christian donors at dinner in 2014. (The court decided in which case Christian-run companies like Hobby Lobby might object to including birth control in their health insurance plans because they believe—without evidence—that some birth control is comparable to abortion.) A former anti-abortion activist-turned-whistleblower said he gave Roberts that information in a letter this summer to help investigate the leak and that Roberts took no action. The whistleblower, Pastor Robert Schenck, then made the letter available to him Times, that said it reviewed “a trail of simultaneous emails and conversations that strongly suggested it.” [Schenck] knew the outcome and originator of the Hobby Lobby decision before it was made public.”
According to that Times:
In early June 2014, an Ohio couple who were Mr. Schenck’s star donors shared a meal with Judge Alito and his wife, Martha-Ann. A day later, Gayle Wright, one of the two, contacted Mr Schenck, according to an email verified by The Times. “Rob, if you want interesting news, please call. No emails,” she wrote.
Mr. Schenck said that Mrs. Wright told him that Hobby Lobby’s decision was favorable and that Judge Alito wrote the majority opinion. This is exactly what happened three weeks later. The court decided with 5:4 votesthat requiring family businesses to pay for contraceptive insurance violates their freedom of religion. The decision would have major implications for access to birth control, President Barack Obama’s new health care law and the ability of corporations to demand religious rights.
Alito and Wright have both denied this Times Report. Schenck said he decided to come forward with the information because he realized what he had done – using access to the conservative judges to raise money for his nonprofit – was “wrong”. His views on abortion rights have also changed in recent years, and he now sees himself as a “progressive evangelical leader.”
This report does not prove, but strongly suggests, that Alito may have been Dobbs Leaker too — or at least that his condemnation of the leak was all a wildly hypocritical, hypocritical feat.
Trust in the Supreme Court is currently low a historic lowlike the conservative judges Joke about abortion at right wing galas and, uh, refusing to step down even though it is married to people literally trying to overturn a US presidential election. The institution is illegitimate and embarrassing at this point. And it won’t shock anyone that all those Republicans who have been demanding for months that we hunt down the Supreme Court tidbit are now on radio silence as the signs point to one of their own.
NARAL Pro-Choice America on Saturday called for an investigation in response to the Times Story. “Today’s admission by a longtime anti-choice activist underscores the long-overdue need for meaningful court reform and for an investigation by the Senate Judiciary Committee into how it had access to this decision,” NARAL President Mini Timmaraju said in a statement. “The anti-choice movement has a long history of extremist and unethical behavior and these latest revelations are proof that their long campaign to influence the court has worked.”
https://jezebel.com/justice-alito-allegedly-leaked-hobby-lobby-birth-contro-1849805062 Justice Alito allegedly passed the Hobby Lobby’s birth control decision to donors in 2014