- The Washington Times - Wednesday, May 4, 2022

A House Republican is demanding the FBI probe the leak of a draft Supreme Court opinion indicating the majority of justices favor overturning Roe v. Wade.

Rep. Tim Burchett of Tennessee sent a letter Wednesday to FBI Director Christopher A. Wray calling for a probe. He said it is important for the public to determine whether the leak was part of an attempt to intimidate the Supreme Court.

“This unprecedented leak endangers every Supreme Court Justice and may be part of a broader effort to manipulate their votes,” Mr. Burchett wrote. “Justices must have the privacy to decide cases based on the U.S. Constitution, rather than public opinion or political coercion.”

The Washington Times obtained an exclusive copy of the letter. It comes as Republicans argue that the court’s apolitical sovereignty has been jeopardized by the leak.

Some, like Senate Minority Leader Mitch McConnell, say the leak is only the latest attempt by far-left operatives to undermine the independence of the nation’s highest court.

“By every indication, this was yet another escalation in the radical left’s ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law,” said Mr. McConnell, Kentucky Republican.

Although Chief Justice John G. Roberts Jr. has ordered an investigation by the marshal of the Supreme Court, Mr. Burchett said federal law enforcement should be involved to determine whether any crime was permitted and therefore punishable by law.

“It is critical that the Federal Bureau of Investigation review the circumstances of this leak,” he wrote.

Earlier this week, an opinion draft written by Justice Samuel A. Alito Jr. showing that a majority of justices were leaning toward overturning Roe was leaked from the Supreme Court. The leak spurred protests in Washington and cities across the country, as pro-choice and pro-life activists took to the streets.

The response by both sides signaled the pivotal nature of the Supreme Court’s decision on the landmark 1973 abortion ruling. If the court were to overturn Roe, the move would assert that abortion is not a right protected by the Constitution.

The issue would then be kicked into the jurisdiction of state governments, where it could be expanded or banned outright. 

• Haris Alic can be reached at halic@washingtontimes.com.

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