Supreme Court Opinion Draft Leaked
This has never before been done in our country. Despite politicization of nomination and consent processes, preventing the Court from completing its deliberations without mob input has never before been considered. This constitutes a major attack on the institution of the court. We’ve experienced repeated attacks on our institutions over the past four or five years. This may be the worst, introducing mistrust into an environment where freedom to communicate openly is critical to keeping alive the ability to assess multiple points of view as well as the independence of the judiciary.
Some want to make this about the draft opinion itself because it is on a controversial and divisive issue. That is industrial-strength foolishness. Of course, it’s on a controversial and divisive issue. Undertaking such flagrant disrespect of a foundational element of our country was never going to be about something pedestrian. It had to be about an issue that could be exploited for partisan political purposes.
Cards on the Table
I am not a constitutional scholar, and will leave constitutional arguments to others. I am experienced in introducing change and an enthusiastic fan of the entire Bill of Rights.
Roe v Wade was determined without regard for society’s capacity to absorb change. Compare that to Gay Rights, which went from “Don’t Ask/Don’t Tell” to nationwide legalization in twenty years because it was begun expressly to stretch, not break, the military’s ability to absorb change. I know this because I was part of that effort.
The Bill of Rights includes the Tenth Amendment, which explicitly reserves matters not addressed directly in the rest of the Constitution to the States or to the People. If the eventual final ruling is what was in the purloined draft, it does not remove anyone’s right to an abortion, it returns the decision to the People through their elected representatives at the State level.
There could be many reasons for the leak but it is most likely to arouse a dissatisfied Democratic base. The most stunning tell was the immediate protests that erupted. Somehow, spontaneously, people left their dinner table to arrive outside the court!
Analysis show that Roe was quite wrongly decided because it is anti-democratic forced law. A reversal required all these years as the pendulum swung. We can hope the FDR rulings that killed the commerce clause might be next but that is really dreaming.
And the leak even aided by the final decision along with the J6 report still will not help as much as desired. Inflation shows no sign of easing and the efforts to discourage fossil fuel exploration happened several years ago as finances dried up. The drill cycle needs 2-3 years before it arrives but Biden's decisions only made it worse. The public can enjoy the rise in prices from that energy shortfall, aided by too much stimmy coupled with an invasion needing public assistance. Abortion is an emotional issue that now less of a wedge used by both parties.
After 4 years of the democrats trying to oust an elected president making illegal allegations in order to do so, and who worked with a compliant press that revealed it had little if any journalistic integrity this comes as no surprise. It was politically motivated, and no doubt by a democratic operative to affect the Supreme Court's decision on Roe V Wade and to mobilize the democratic base to gain political advantage in upcoming elections, as well as apply extreme pressure on any decision the Supreme Court makes. Few have played by the rules in recent years and now it's become almost ordinary, and that also applies to the lawlessness in the streets and of people rubbing stores with no consequences even if caught. Chaos reins.