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Originally Posted by sebastian_dangerfield
So it's Barret who's the other possible swing vote with Kavanagh? I read the original story (TPM was subscription walled) and the author so stated as though it were an obvious fact, but he never explained why. I'd think she'd be one of the definite votes for Alito's opinion. I wonder why she's considered a swing and not Gorsuch.
If I had to bet, I'd lean toward a liberal employee of the Court having done this. If you're a conservative and you do a cost/benefit analysis, keeping it quiet seems the safer route. Why potentially imperil the win?
But then again... If you're a hyper-right-wing(nut) SCOTUS employee and you think Roberts is close to breaking the 5-4 majority for striking down Roe, maybe you're pretty sure Roberts will prevail and feel like you have to throw the Hail Mary. Seen from that angle, the leak could be a desperation move, and we're all worried about adoption of a crazy opinion that would otherwise never have seen the light of day. One can hope.
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We're all probably excessively discounting the possibility that someone left it on a train or something.