Ed Markey deflects on whether leak of Supreme Court abortion decision draft was appropriate

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Sen. Ed Markey declines to say whether leak of Supreme Court draft opinion was appropriate

Democrats have been slow to condemn the leak of Justice Alito's draft opinion overturning Roe v. Wade

FIRST ON FOX: Sen. Ed Markey, D-Mass., on Tuesday was pressed on whether he thought the leak of a draft opinion from Supreme Court Justice Samuel Alito that would overturn Roe v. Wade was "appropriate," but Markey wouldn't condemn the leak.

Markey deflected from a question from Fox News Digital about the leaked draft opinion and said Congress shouldn't "be focusing on who leaked."

"I don't think we should be focusing on who leaked. We should be focusing upon what leaked," Markey told Fox News Digital. "What leaked is a repeal of Roe v. Wade. That is what people care about."

DEMOCRATS ATTACK SUPREME COURT'S LEGITIMACY AFTER LEAK SUGGESTS ROE V. WADE TO BE OVERTURNED 

"The many Republicans are more concerned about who leaked it than actually the repeal of Roe v. Wade and so from my perspective I think we've got an issue of historic magnitude, which is now going to engulf the political process in America for the entirety of 2022," he added.

Massachusetts Sen. Ed Markey, center, has called for expanding the Supreme Court.  (AP Photo/J. Scott Applewhite)

Earlier Tuesday afternoon, Markey participated in a rally in support of Roe v. Wade outside the Supreme Court, which included a banner that said, "Protect abortion expand the court." The rally was organized by Demand Justice, a left-wing group that supports expanding the Supreme Court and confirming far-left justices.

Markey took to Twitter late Monday night to call for the Supreme Court to be expanded after a POLITICO report set off a firestorm on both sides of the abortion issue with activists gathering outside the Supreme Court.

"A stolen, illegitimate, and far-right Supreme Court majority appears set to destroy the right to abortion, an essential right which protects the health, safety, and freedom of millions of Americans. There is no other recourse. We must expand the court," Markey tweeted.

Chief Justice John Roberts called the leak a 'betrayal of the confidences of the Court' and directed the Marshal of the Court to investigate.

Supreme Court Chief Justice John Roberts is seen prior to President Biden giving his State of the Union address during a joint session of Congress at the U.S. Capitol on March 1, 2022 in Washington.  (Julia Nikhinson-Pool/Getty Images)

"We at the Court are blessed to have a workforce – permanent employees and law clerks
alike – intensely loyal to the institution and dedicated to the rule of law," Roberts said. "Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here."

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"To the extent this betrayal of the confidences of the Court was intended to undermine the
integrity of our operations, it will not succeed. The work of the Court will not be affected
in any way," Roberts added. 

Roberts' sentiment was echoed by Republicans in the House and Senate. Senate Minority Leader Mitch McConnell, R-Ky., called the leak a "lawless act" and added, "The same political movement that used a leak to move up the timeline of Justice Breyer's retirement process is trying to use yet another leak to make the court less secure and less impartial."

Fox News' Ronn Blitzer contributed to this report.