“In over 200 years of our nation’s history, that has never happened,” the Republican Texas senator told Fox Primetime host Brian Kilmeade on Wednesday.
“And there was one woke little left-wing twit who decided, to hell with his or her obligations to the justice they work for, to hell with their obligations to the court, to hell with their obligations to the rule of law, that they would instead try to sneak it out in order to put political pressure on the justices and intimidate them into changing their votes,” he added.
Cruz, after graduating from Harvard Law School in 1995, clerked for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit and then for the Supreme Court’s Chief Justice at the time William Rehnquist from 1996 to 1997.
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He told Fox News on Wednesday that it’s “difficult to overstate how destructive this is to the Supreme Court.”
On Monday evening, Politico issued what seemed to be a photocopy of a draft opinion from Conservative Justice Samuel Alito from February showing a potential impending overturn of the landmark abortion rights case Roe v. Wade.
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Trump Administration Attorney General Bill Barr on Wednesday called the act of leaking a bombshell Supreme Court memo an “unforgivable sin.”
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The high court’s marshal Col. Gail A. Curley is exploring the leak after Chief Justice John Roberts proved the authenticity of the leaked document and called for an investigation to track down the individual who shared the draft opinion.
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Republicans claim that the leak has ruined the sanctity of the Supreme Court, which for most of its history has remained free of political influence and partial bickering that is more typical in the executive and legislative branches.
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“We’re going to find this person, and when they’re found, they’re going to be fired on the spot, they will be disbarred if they’re a member of the bar, or they will never be admitted to the bar to be a lawyer, and to the extent that they’ve broken criminal laws, they need to be prosecuted and sent to jail,” Cruz said.
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Democrats, though, are untroubled by the leak and are more concerned about what the contents of the draft opinion could mean for women’s right to terminate their pregnancies.
The 1973 Roe v. Wade Supreme Court case resulted in a decision that made abortion a federal protected constitutional right.
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