May 4, 2022
Sending shock waves throughout the nation, a United States Supreme Court draft opinion suggesting the overturning of Roe vs. Wade was leaked to the public. Authored by Associate Justice Samuel Alito and joined by Justices Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Amy Coney Barrett, the 98- page draft opinion declared that-
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue Roe and Casey have enflamed debate and depend division…Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the peoples elected representatives.”
Although not the first leak from the Supreme Court, no leak of this magnitude has ever occurred in the history of the Court, and the reverberations will have lasting effects.
According to Jonathan Turley, George Washington University law professor, and constitutional scholar:
“The opinion can change but the damage done to the Court as an institution will likely be lasting…the leak is the greatest crisis faced by Chief Justice John Roberts and the greatest security breach in the history of the Court.”
The well-regarded SCOTUSBlog wrote-
“It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.”
On Tuesday morning Chief Justice Roberts confirmed the authenticity of the draft and directed the marshal of the Supreme Court to launch an investigation into the source of the leak.
“This was a singular and egregious breach of that trust and is an affront to the Court and the community of public servants who work here, “ Roberts said in a press release.
There are differing opinions regarding whether the leak rises to the level of criminality. But, at the very least, the person responsible needs to be ferreted out, fired, and, if an attorney, disbarred for life. If interested, an op-ed in the New York Post by former federal prosecutor Andrew McCarthy explains why he believes the leak is a criminal offense worthy of prosecution and imprisonment.
Many are surmising that the leak came from a liberal partisan attempting to use public outrage as a weapon to pressure the five justices to change their opinions. Recent history makes this supposition likely. Over the last few years, the left has increasingly shown contempt for our country’s institutions- the destruction of federal buildings, the defacing and removal of iconic statues, and a general disdain for the Constitution and our nation’s founding principles. Seemingly nothing is off-limits if it promotes their progressive agenda.
Incredibly, high-profile liberals have publicly expressed support for the leaker. Hillary Clinton’s 2016 presidential campaign secretary, Brian Fallon, complimented the leaker tweeting –
Not surprisingly, Democratic lawmakers lambasted the draft opinion, using it as a political cudgel, but never mentioned the harm to the institution of the Supreme Court that this unprecedented leak may cause.
Even President Biden seemed unfazed by the corrupt leak. However, he wasted no time lying about the consequences of the possible decision. Immediately after disclosure of the draft opinion, Biden claimed that overturning Roe vs. Wade goes beyond abortion and could lead to the reversal of the “right to marriage (he probably meant gay marriage) and a right to determine a whole range of things.”
On Wednesday morning, apparently after getting clarity from the aides who tell him what to do and think, Biden absurdly claimed that overturning Roe could also lead to outlawing contraception and disallowing LGBTQ children from attending school with “other children.”
Giving the addled president the benefit of the doubt, perhaps he did not understand the words written in the draft opinion, which explicitly states:
“We emphasize that our decision concerns the constitutional right to abortion and no other right…Nothing in the opinion should be understood to cast doubt on precedents that do not concern abortion.”
Further, despite the deceptive rhetoric from those on the left, overturning Roe vs. Wade will not even ban abortion throughout our nation- it would merely return the matter to the states. Under the US federalist system of government, each state has the power to enact laws based on the needs and desires of its residents. If Roe vs. Wade is reversed some states may restrict abortion, while others may make it easier.
Unfortunately, the left never lets facts or truth stand in the way of their political agenda. Undoubtedly, Democrats will use this decision to rile up their base ahead of the upcoming midterms. Because let’s face it, they have nothing else to run on. It is not hyperbole to say that every major policy enacted by the Biden administration has led to failure for our nation.
Expect renewed talk about ending the filibuster and packing the Supreme Court. Although these changes would be catastrophic for our nation’s democracy, they would help Democrats (at least while they control the executive and legislative branches of government) achieve their radical goals. And that is all that matters. In the left’s playbook, the ends always justify the means- this leak is just the latest example.
