SCOTUS Defeated: The Leaker Gets Away With It
A major, unacceptable defeat for our constitutional freedoms.
by Jed Babbin
January 25, 2023, 2:31 PM
Last May’s leak of the Supreme Court’s draft decision in Dobbs v. Jackson Women’s Health Organization severely damaged the high court’s ability to perform its essential function: that of debating and deciding — in secret — the most important legal issues our nation faces.
Dobbs, as we need no reminder, was the decision that reversed both the Roe v. Wade and Planned Parenthood v. Casey decisions, which created a right to abortion throughout the nation. Dobbs returned the question of whether states will permit or ban abortions to the states, as should have always been the case.
The need for the court to work in confidence is essential because without that ability, every justice on the court — and every law clerk — would be subjected to the personal threats that several members of the court faced when the draft opinion was leaked. Those threats to self and family were intended to intimidate the justices into changing their opinions before the decision was finalized.
Let’s remember that there were demonstrations outside the homes of Justices Samuel Alito, Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts. Far worse, an armed man named Nicholas Roske was arrested outside Kavanaugh’s home and charged by the FBI with attempted murder. Roske allegedly spoke of murdering two other justices who were among the majority in the Dobbs decision.
The leak was a more effective insurrection against our constitutional system of government than the Jan. 6, 2021, riot at the Capitol.
more
https://spectator.org/scotus-defeated-the-leaker-gets-away-with-it/
