Alan Dershowitz, a Harvard Law professor emeritus, said that Monday night’s leaked draft of the Supreme Court’s ruling to overturn Roe v. Wade appears to be authentic and suggested that federal investigators will be called to investigate the incident.
“This has the sign of authenticity,” Dershowitz told Newsmax. “It also to me, and this is just a theory, but I think it’s maybe correct: The leak was very deliberately–perhaps by a law clerk who was very strongly opposed to reversing Roe v. Wade–seeking to make it public now so that pressure could be put on the Supreme Court, either by an act of Congress to pack the court, or an act of Congress making a federal legislative right of every woman to have an abortion based on the Commerce Clause.”
And Dershowitz, who previously worked as a Supreme Court clerk, said that “in all the years I’ve been following the Supreme Court, there’s never been a leak like this.”
The leak of the draft to Politico on Monday evening, he added, likely was not “inadvertent” and was “an act of civil disobedience engaged in by a determined law clerk who thought it was so serious that a woman’s right to abortion will be taken away that they were willing to risk their bar, their career, their heritage on this, because this is going to be investigated.”
Meanwhile, the leaker may be gearing up to become a “hero of the left,” Dershowitz opined. However, that individual could face federal charges, he said, while adding: “They won’t be practicing law anymore.”
“The FBI is going to be called in,” he continued. “There’s going to be an attempt to break the journalist privilege. There’s going to be an attempt to call Politico and demand of them that they reveal the source.”
Dershowitz continued: “Politico won’t do it, but the case may go all the way to the Supreme Court on that issue as well.”
“Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in the alleged draft opinion, which is dated Feb. 10, according to Politico.
Based on Alito’s opinion, the court would find that the Roe v. Wade decision that allowed abortions performed before a fetus would be viable outside the womb, or between 24 and 28 weeks of pregnancy, was wrongly decided because the U.S. Constitution makes no specific mention of abortion rights.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion,” continued Alito, an appointee of former President George W. Bush, according to the draft.
Reuters contributed to this report.