The Supreme Court recently heard the case of Dobbs v. Jackson Women’s Health Organization. Court observers believed that the decision in the case may even address Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Many hope that the decision will overturn, or at least temper, Roe and Casey.
Well, Monday night, something which has never happened before happened. Somebody leaked the draft opinion on Dobbs. And shocker of shockers, the opinion implied that Roe and Casey were going to be overturned in total.
And then all hell broke loose. Legal analysts took to the airwaves to decry what a breach of protocol the leak was. President Cockwomble staggered in front of a microphone and managed to string enough words together to express his anger – not with the leak, but with the opinion itself. I guess it’s okay to criticize the court again when it’s not a decision about an election.
Chief Justice Roberts even displayed a rare spark of emotion. He has angrily demanded a full investigation of the leak. Apparently undermining the court bothers him more than undermining an election. He even had the temerity to say
“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.”
Seriously? The court has pretty much taken care of undermining the integrity of its operations all by itself.
I’m amazed that anyone is surprised by any of this. The Supreme Court made itself a political player decades ago when it got into the “creative interpretation” business. When the court provided a non-electoral means to ram radical legal changes down the electorate’s throats, it helped create the current climate of vicious politics. By not uniformly applying the written law, it helped create the current environment of lawfare, leaks, propaganda, and intimidation.
Roberts’ outrage is a real hoot too. Mr. “Creative Interpretation of Obamacare” made his own contribution to this tradition of the court. Of course, the left is going to attempt to influence his court by any means possible. They know that leaks and intimidation work.
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Nobody should act surprised. The political environment that the court helped create has arrived at the court. The left’s mantra is “outcome by any means.” Eventually, leaks were inevitable. It’s further proof that all liberal paths lead to an unintended destination. Well Chief Justice Roberts, welcome to the destination you helped create.
What happens now? Without a hint of irony, Chief Justice Roberts will lecture us about the importance of norms and traditions in maintaining our republic.
The Dems will use the leak as a rallying cry to energize their base, in a desperate hope that November will only be a red wave and not a full-scale tsunami.
How the leak affects the Dobbs decision could go one of two ways. The protests could stiffen the spines of the conservative bloc of the court. They may ensure that Roe is overturned, lest they be accused of being spineless cowards.
Or they could go the spineless coward route and ensure that some semblance of Roe and Casey are preserved. Their original opinion won’t matter. They’ll be perceived as malleable to the wishes of the mob. It will ensure that leaks and intimidation become some of those norms and traditions that Roberts is so concerned about.
But if the draft opinion turns out not to be the final decision, the intimidation of the court will become a rallying cry for conservatives. Did the leaker consider that?
By John Green
John Green is a political refugee from Minnesota, now residing in Idaho. He currently writes at the American Free News Network and The Blue State Conservative. He can be followed on Facebook or reached at firstname.lastname@example.org.
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This article was first published by the American Free News Network.