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Ted Cruz: SCOTUS Law Clerk Likely Leaked Draft Opinion Tossing Roe


Texas GOP Sen. Ted. Cruz on Sunday pointed the finger of blame for the leak of a draft opinion that would toss Roe v. Wade at a law clerk for one of the liberal Supreme Court justices.

His accusation, made during an interview on Fox News’ “Sunday Morning Futures,” didn’t specify which of the 12 possible clerks was the alleged leaker.

“It is a very small pool of suspects,” he said of those that leaked the bombshell opinion, which could signal an end to legalized abortion across the country.

“The court itself is a small institution. It’s a big building but small institution.”

Cruz explained that the only ones who have direct access to high court opinions are the nine justices “and —I do not believe any justice did that. I think it would be unimaginable for a justice to do this.”

But there are 36 law clerks, he noted — four for each justice.

“It is almost certainly one of those 36 law clerks, and I think it is almost certainly one of the 12 law clerks that are clerking for the three liberal justices,” he alleged. “That is a small suspect pool.”

Cruz said he’s known a lot of high court clerks, and though “many of them are book smart, very few of them are street smart.”

“I’m confident we don’t have a master criminal working at the court,” he said. “I think they’re already going to be electronic records, e-mails or texts, there’s going to be personal meetings between one of those 12 law clerks and the reporters at issue here.”

According to Cruz, the Supreme Court “has pretty serious security measures designed forensically to ascertain where an opinion was printed, what printer produced it.”

“So I believe this investigation is going to uncover the leaker, and I think it’s going to do so relatively quickly,” he asserted.

Despite his praise for the justices, Cruz said “abortion legalization should have never been decided by “seven unelected lawyers wearing black robes.”

“In 1973 seven unelected lawyers wearing black robes said, ‘you silly voters, you don’t get to decide. We know better than you, and we’re going to decree the answer for the entire country.’” Cruz said. “I think that decision in Roe really caused an enormous amount of anger and frustration for the tens of millions of people who passionately care about this issue, who have been engaged in this issue.”

“If, in fact, court does overturn Roe, the result is not that abortion is illegal across the country,” he added. “The result is that it’s up to the people, it’s up to democracy.” 

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