Meet Elizabeth Deutsch. She's currently a law clerk for Justice Breyer.
And, in my humble opinion, she's the most likely person to have leaked the draft Supreme Court opinion in Dobbs, purporting to overturn Roe v. Wade.
🧵
But first, a disclaimer:
I have no inside information. This thread is speculation, based almost entirely on publicly available information. I could easily be wrong.
Cool? Cool.
Her academic background isn't that uncommon for Supreme Court clerks. Yale undergrad, Yale law, and 2 British Master's degrees, from LSE and Cambridge.
Do note the Master's degree in Gender.
Here's where things start to get interesting. Every law student has to write a note - a long legal research paper, usually making a novel argument about the law.
Elizabeth Deutsch wrote hers about reproductive rights and abortion.
Specifically, she argued that Obamacare's non-discrimination provision should be interpreted to *force* Catholic hospitals to perform "emergency abortions."
Aggressive argument - and hey, law students make aggressive arguments.
While in law school she wrote a NYT op-ed about reproductive rights. Sensing a theme here.
Her career page on LinkedIn doesn't reveal that much...until we start digging a little further.
First, thanks to her NYT wedding announcement (of course), we know that she clerked for judge Nina Pillard.
Pillard was one of the DC Circuit judges appointed by Obama and forced through by Harry Reid blowing up the filibuster.
She's stridently pro-choice. Perhaps not shocking.
After her clerkships, she got a Gruber fellowship at the ACLU for a full year.
What was she working on?
You guessed it. Abortion and reproductive rights.
But none of this proves anything. Yes, Deutsch's career seems pretty focused on abortion. But without some connection to Josh Gerstein (the journalist who received the leak opinion) there would be no reason to suspect her.
Isaac Arnsdorf just got hired by the Washington Post as a national political reporter. (Of course he's on the Trump beat).
But where has he written in the past?
Oh, look. He wrote for POLITICO.
SHARING A BYLINE WITH JOSH GERSTEIN.
Looks like Gerstein and they are still bros - chatting on Twitter, interacting as recently as last year.
So, to conclude:
We have a currently-serving Supreme Court law clerk whose career has been almost solely focused on abortion.
She wrote her law school note on abortion.
She wrote op-eds about reproductive rights.
She spent a year working on abortion for the ACLU.
She clerked for a stridently pro-choice appellate judge.
And it just so happens that her husband is a journalist, who shared bylines with Josh Gerstein at Politico, and it looks like they are still buds.
I don't know that Elizabeth Deutsch leaked the draft opinion.
But I certainly think someone who has spent much of their academic and professional life fighting to expand the right to get an abortion could be desperate enough to do so.
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Let's tell the story of Kilmer Armado Abrego-Garcia, the "Maryland Father" (read: likely member of MS-13) who was removed to El Salvador, and who The Atlantic (and apparently the entire political left) are demanding be returned to the United States.
First: his detention. He was detained in March 2019 and charged with removability. Abrego Garcia is a "native and citizen" of El Salvador. He crossed the border illegally in 2012, and was thus removable - totally independently of whether he was in MS-13.
The finding that he was a member of MS-13 only came up because he asked for bond. The immigration judge reviewed the evidence and found that it "show[ed] he is a verified member of MS-13." and therefore that Abrego-Garcia did not demonstrate "that his release from custody would not pose a danger to others."
There’s nothing complicated about where happening in Yemen. A tiny, broke country shoots missiles and drones at American military vessels and refuses to allow freedom of navigation to American military ships.
We aren’t some trivial power. We are THE UNITED STATES OF AMERICA.
There is no piddling little country that gets to shoot at our ships and not face an overwhelming military response. Not under a competent President.
“But they’re mad about our support for Israel.” I’m sorry, but literally no one serious cares. The Houthis don’t get to act on their opinion of our foreign policy vis-a-vis Israel. If they do,
The stolen valor revelations put the Harris/Walz campaign in an untenable position.
Team Harris delayed doing any interviews/press conferences because they wanted to get their ducks in a row on the VP front and the policy front. But now they *can’t* do interviews or press conferences because Walz’ stolen valor is indefensible. Walz can’t defend his lies, and Harris can’t defend selecting him.
So they are going to have to keep the campaign running on the high of Dem relief at Biden being replaced. But the election is three months away. Media frustration will grow, coverage will get less rosy, pressure on both Harris and Walz will increase.
I’d be long Trump.
Understand too that this is the downside for Dems of Harris coming in as the nominee at the last minute.
A Presidential candidate would normally have a year and a half to build a policy platform out - with brainstorming, talking to stakeholders, revisions, approvals, and all that entails. Team Harris has to do that in about four weeks.
Trump had six months to do VP vetting after effectively securing the nomination. Harris had two weeks.
So you have a campaign that wasn’t ready to do interviews or press conferences and one that couldn’t do thorough, considered VP vetting. This is the result.
Biden was losing, badly. Harris wouldn’t want to just run on “we’re going to keep doing what Joe did.” She also has the baggage of all her 2020 statements.
I guarantee you that the campaign policy shop has been burning the midnight oil.