The conventional wisdom regarding the infamous leak in early May of Supreme Court Justice Samuel Alito’s draft version of the majority opinion in the Dobbs V. Jackson case concluded that it was perpetrated by someone on the staff of one of the three leftwing justices: Elena Kagan, Sonia Sotomayor, and Stephen Breyer.
The motivation of the leaker, it has been assumed, was that alerting the American public to the upcoming ruling would result in such outrage from the left in America that activists, and their compliant media, would apply so much pressure to those justices in the majority that they would change their minds and vote to uphold the deeply flawed Roe V. Wade.
Abortion-loving and science-denying novice protesters would yell, scream, and hold their breath until their faces turned blue unless the conservative justices reversed course. The more radical and skilled objectors would patrol the fronts of justice’s homes, make subtle but unmistakable violent threats, and even attempt to assassinate Justice Brett Kavanaugh.
The pro-abortion leftists were going to get out in front of this unacceptable decision. They were going to prevent it. The Biden Administration applauded the radicalism, calling it an exercise of free speech and they refused to condemn the leaker. The leftwing media, which is virtually the entire media, cheered the anonymous leaker as heroic. And virtually every elected Democrat in our federal government didn’t have a bad thing to say about the leaker, and indeed many seemed optimistic that their scheme might even succeed.
But now that Dobbs V. Jackson has been decided and Roe V. Wade has gone the way of the dodo bird, we must consider: Was the leak actually counterproductive for the objectives of the left? A strong case can be made for that very assertion, and indeed none other than CNN, part of the aforementioned leftwing media, draws that very conclusion.
According to an article by CNN:
“Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May’s unprecedented leak of a draft opinion reversing Roe v. Wade made the effort all but impossible, multiple sources familiar with negotiations told CNN.”
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The information detailed by those “multiple sources” makes sense. As members of the Supreme Court, each justice has a duty to uphold the Constitution. Supreme Court Justices, perhaps more so than anyone else in America, have an obligation to adhere to ethical standards and to protect the very institution for which they serve.
So, the notion that Alito, Kavanaugh, Justice Amy Coney Barrett, or any other justice was going to change their vote on Dobbs simply because some purple-haired, woke underling for Justice Sotomayor, Kagan, or Breyer had sent the file to the press wasn’t just improbable, it was illogical.
The reaction from Democrats and their media to the SCOTUS leak was disturbing. Perhaps they were afraid of the backlash they might have received if they had condemned the leaker. Or maybe they truly believed the leak was righteous and its mission might succeed. Therefore, now that both the leak and the decision are in our rearview mirror, let’s hope that a lesson has been learned by both sides of the spectrum.
It’s unacceptable to attempt to interfere with the workings of not just the judicial branch, but of all three branches of government. Leaking confidential documents isn’t just illegal and unethical, it could also work against the very goal you’re trying to achieve. Political victories must not be attained through law-breaking and intimidation, those victories must be won at the ballot box. The executive and legislative branches nominate and approve the unelected members of the judicial branch, so if you want judges and justices who rule differently, vote accordingly, and convince others to do the same. But playing dirty pool with actions such as the Dobbs leak must not be embraced or rewarded.
By Jordan Case
Jordan Case offers opinions from the unique perspective of both entrepreneur and parent and is a regular contributor to The Blue State Conservative. Jordan does not participate in the cesspool of social media.
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