Pirro on Supreme Court leak fallout: Dems have nothing going for them, will do anything to fire up their base

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The Dems will use Roe v. Wade to fire up the voter base for midterms: Judge Jeanine

‘The Five’ discuss how liberals are fired up over the Supreme Court draft opinion leak and how they will use it to motivate voters before the midterms.

The outrage among Democrats over the leak of a draft Supreme Court opinion appearing to overturn Roe v. Wade is just another ploy to "fire up" their base with the midterm elections fast approaching, Judge Jeanine Pirro said Wednesday.

"The Five" co-host called out President Joe Biden and other Democrat leaders for acting like "the sky is falling" in the hours since the leak was revealed.

"This is for them the worst thing – they can predict anything will happen, and they will use this as a reason to fire up their base because they have nothing going for them in the midterms," she said.

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Pirro added that the draft opinion, if it holds, doesn't outlaw abortion but simply leaves it up to various state legislatures to make their own laws. The draft opinion also makes clear that it applies only to the issue at hand, and does not extend to other matters before the court, she emphasized.

A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022 in Washington following reports of a leaked draft opinion by the court overturning Roe v. Wade.  (AP Photo/Anna Johnson)

Co-host Geraldo Rivera argued that the leak exposes just how "absolutely deeply flawed" the Senate confirmation process for Supreme Court nominees is.

"Why? Because these nominees lied," Rivera alleged. "They go before the Senate of the United States, they swear that they are going to be judicious and good shepherds of the court and impartiality...then they turn around the minute they get in the high court they make a decision that is so dramatically opposed to what they said during the confirmation hearings. Shame on them."

NEW YORK, NEW YORK - DECEMBER 09: Fox News host Jeanine Pirro. ((Photo by Alexi Rosenfeld/Getty Images))

Pirro did not echo the sentiment.

"I absolutely do not agree with you," she pushed back. "There was no lying to the Senate." 

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Pirro said the justices were asked about stare decisis, the legal principle that refers to upholding precedent.

"They were clear to say this is not one of those super due process cases like Brown versus Board of Education that overturned Plessy v. Ferguson, separate but equal. They were very clear," she argued