Former Hillary Clinton Staffer Praises ‘Brave Clerk’ Who Leaked SCOTUS Draft


OPINION: This article may contain commentary which reflects the author's opinion.

A man who used to work for the campaign of Hillary Clinton in her bid for the presidency in 2016 has just praised whoever it was that leaked the Supreme Court draft of its pending decision on Roe V Wade.

Brian Fallon of Demand Justice heaped praise on the person who he believes may have been a law clerk for one of the Justices.

“Is a brave clerk taking this unprecedented step of leaking a draft opinion to warn the country what’s coming in a last-ditch Hail Mary attempt to see if the public response might cause the Court to reconsider?” he said in his first tweet.

Unapologetically he went on, after being criticized, to continue with his belief that the leak was good.

“All Democrats need to show the same urgency as the clerk who apparently risked his or her career to sound this alarm. Those on the inside know best how broken the institution is. We should listen,” the former staffer said.


“SCOTUS leaks are good. Elite lawyers on both the left and right treating the Court as precious all these years have just been giving cover to an institution that is wholly unaccountable. Rip the veil off,” he argued.

The draft was leaked this week to Politico.

“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.” “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.’

And if Democrats were thinking that Congress was going to save the day they just got some tough news.

White House Press Secretary Jen Psaki spoke to reporters aboard Air Force One as she traveled with the president to Alabama.

“So, the President spoke pretty passionately on the tarmac about the Alito draft being an affront to basic rights. But he also said he was not ready to commit to ending the filibuster to codify Roe. Why?” a reporter said.

“And is there a disconnect here between the passion and what needs — what he believes needs to be done?” they said.

Her answer was that there were not enough votes to codify Roe V Wade into law even with no filibuster.


“Well, first, let me say the President’s position is that we need to codify Roe, and that is what he has long called on Congress to act on,” the press secretary said.

“What is also true is that there has been a vote on the Women’s Health Protection Act which would do exactly that, and there were not even enough votes, even if there was no filibuster, to get that done.

“So, I would note, in his written statement that we released this morning — I’m just going to reiterate what he said in this statement. He said, “…if the Court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose” — to do exactly that. “It will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice senators and a pro-choice majority in the House to adopt legislation.” And that was speaking to exactly where we are with the votes,” she said.

“I would note that while we’ve been in the air, Leader Schumer noted that he had plans to bring this up for a vote,” she said.

Later on she gave a similar answer to a gaggle of reporters.

“Well, I think it’s important to note that there has been a vote on this; it failed. It did not have even 50 votes, which means even if the filibuster were overturned, there would have not had been enough votes to get this passed. He has stated this many times publicly. This is his known position. This is many of — one of many topics he discusses with lawmakers,” the press secretary said.

“I would note again that Leader Schumer indicated he plans to bring it up again. But in the President’s statement, just to reiterate, what he pointed to is the fact that there needs to be a more — more pro-choice officials after the elections in November,” she said.

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