UPDATED 2:04 PM PT – Monday, May 9, 2022
NPR Supreme Court reporter Nina Totenburg claimed the leading theory on the origin of the high court draft leak is a conservative clerk. While speaking to the press Sunday, she voiced that the leak is unprecedented in the history of the court.
Totenburg stated that in previous decades little leaks about tentative votes or judicial misconduct would emerge, but never a whole draft opinion. Her belief is that it was a clerk for a conservative justice to try and keep the right leaning justices from caving to Chief Justice John Roberts and upholding Roe.
“Perhaps one of the clerks and the leading theory is a conservative clerk,” she suggested. “Who was afraid that one of the conservatives might be persuaded by Chief Justice Roberts into joining the much more moderate opinion.”
Totenburg went on to say, it is highly unlikely the identity of the leaker will ever be known. Meanwhile, experts are divided on the origins of the leak, but most agree it was a clerk and not one of the justices themselves.