The end of Roe v. Wade is a much bigger story than the leak
Faced with the extreme unpopularity of Roe being overturned, right-wing media launched a smear campaign painting the leaking of the draft Supreme Court opinion as the real threat to democracy
Written by Julie Tulbert
Research contributions from Zachary Pleat
Published
Updated
As Politico reported on May 2, a leaked draft majority opinion shows that the Supreme Court may have voted to overturn Roe v. Wade -- a devastating potential move by the court that will overturn 49 years of legal abortion access and usher in an era of dismantled protections of hard-fought freedoms. But right-wing media are focusing on the leak, saying it is an “insurrection” and an act of “terrorism” against the court, rather than discussing how the potential decision would affect millions of people.
The court’s decision will impact a number of people (including Republicans) who get abortions, and recent (and repeated) polling has shown that most Americans oppose overturning Roe. But many in right-wing media still decided to dishonestly focus on the leak itself rather than the contents of the leaked draft. In fact, they claimed the leak actually spells the end of democracy as we know it and is worse than the actual insurrection that occurred at the U.S. Capitol on January 6, 2021. Here are a few examples:
- Fox contributor Ari Fleischer called the leak “an insurrection against the Supreme Court.”
- Turning Point USA’s Charlie Kirk:
- Frequent Fox guest and former Trump adviser Harmeet Dhillon:
- Townhall’s Kurt Schlichter:
Citation From the May 2, 2022, edition of Fox News' The Ingraham Angle
LAURA INGRAHAM (HOST): Kurt, earlier tonight, [MSNBC’s] Rachel Maddow seemed to suggest that this leak was worth it.
...
INGRAHAM: Imagine if this was thought to be a conservative law clerk, to leak something in a case that the liberals were all thrilled about. Imagine what Rachel and the crowd would be saying tonight, Kurt.
KURT SCHLICHTER (TOWNHALL COLUMNIST): Oh, I can imagine, Laura. And I think we all know that they'd be rather upset. Look, we have been hearing for almost a year and a half about attacks on our democracy and insurrections. This did more damage than a bunch of elderly Trump voters taking selfies in the rotunda. The actual decision itself is huge. It's probably the most important decision since Plessy v. Ferguson was overturned by Brown v. Board. And as in that case, the Democrats are very, very upset about it.
But I think you're rightly focusing on the procedural aspects, the institutional aspects. And frankly, I think there are a lot of former conservative voices we can't count on. I'm waiting for David French, who is the conservative case for leaking draft opinions, to come out and explain why we're wrong. This is a disaster on every level. The court needs to come together in unanimity against this, and we need to go back to basic principles and basic functions and norms of our institutions. And I'm afraid that's unlikely to happen at this point
- Far-right influencer Jack Posobiec:

- RealClearInvestigations’ Mark Hemingway:
- Fox News contributor Jonathan Turley on Fox & Friends:
Citation From the May 3, 2022, edition of Fox News' Fox & Friends
BRIAN KILMEADE (CO-HOST): Fox News contributor constitutional law expert Jonathan Turley joins us now. Jonathan, what's the bigger story? The decision that could come down in June that this is overturned, or that it leaked out ahead of time, which looks to be Justice Alito's not finished notes on this.
STEVE DOOCY (CO-HOST): Opinion.
JONATHAN TURLEY (FOX NEWS CONTRIBUTOR): Well, they're both huge stories. But the decision is not yet complete. Decisions can change. People voting on one side or the other can change. Majority opinions can become dissenting opinions. What is clear is that what occurred with this leak was an unspeakably unethical act. And it is, unfortunately, a sign of our times. We're living in an age of rage where nothing seems inviolate anymore. No principle seems sacred. And it makes some of us feel almost naive. You know, even though this is a city that floats on a rolling sea of leaks, the court was always an island of integrity. And most of us didn't think this day would come. I'm not too sure why. Maybe it's because we let hope triumph over experience. But the court has a long tradition that it would not yield to politics, it would not yield to dirty tricks. Somebody shattered that tradition. And the investigation that will now ensue is going to shatter the culture of the court. It's going to take a lot to get to the bottom of this. Yes, it's a small institution, it's a small number of people that are likely involved. But whoever did this likely took steps to hide their tracks.
- The Daily Wire’s Matt Walsh:
To be clear, legal abortion access in this country is already becoming inaccessible for people in a few states. For example, Texas banned nearly all abortions in September, and it’s already had wide-ranging impacts. As author Robin Marty and abortion rights advocate recently wrote in the Financial Times:
It has been more than seven months since Texas banned almost all abortions, and only now are we seeing the true effects of that law.
The media has been full of stories of patients leaving the state to terminate a pregnancy: an 800 per cent increase at Planned Parenthood in Oklahoma, a flood of patients into Colorado, pregnant women travelling all of the way to Chicago, Washington, DC and New York for care. Now, the first pregnant person has just been arrested (and released) over suspicion of managing her own miscarriage. With the nine-month anniversary of this ban drawing close, we are also about to see the impact on those forced to give birth because they couldn’t gain access to an abortion.
But when the Supreme Court releases its final decision, 13 states will quickly or automatically ban abortion due to trigger laws on the books. In the immediate aftermath, a total of 26 states will likely ban abortion.
Right-wing media have claimed it’s not a big deal that Roe is overturned and abortion access is returned to the states. But anti-abortion organizations and politicians are ready for the next phase: fighting abortion access on the state level and pushing for a nationwide abortion ban in Congress. Roe will no longer be there to protect people against either of those scenarios.
The leak is not the story, and right-wing media’s attempt to make it thus is underhanded and should be seen for what it is -- a distraction as the Supreme Court hacks away at our rights.
Clarification (5/3/22): The language in this piece has been updated for clarity.