White House press secretary Jen Psaki said Tuesday that administration officials were also caught off guard by the leak of a Supreme Court draft decision that would strike down Roe v. Wade.
“I think because it is unprecedented or almost unprecedented depending on which historian you speak to, there is no question that it raises eyebrows for many in the country, including those of us in the White House,” Ms. Psaki told reporters.
However, she said that right now, the White House was not focused on the leak.
“Our focus right now, beyond the leak, is how we are going to protect a woman’s right to make choices about her health care with her doctor, a right that is supported by the vast majority of the American public,” she said.
A leak about how the Supreme Court Justices will rule has never happened in modern history.
“This is a whole new order of magnitude of leak,” tweeted Orin Kerr, a law professor at the University of California, Berkeley.
When asked if President Biden agreed with Supreme Court Chief Justice Roberts that the leaking of a draft opinion was “an egregious” act that should be criminally prosecuted, Ms. Psaki dodged the question.
“That decision would be made by the Department of Justice and we would refer to that,” she said.
Ms. Psaki also said the president has directed the White House Counsel’s Office to provide options in response to the draft opinion, should it become law.