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 shocker, 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.
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?
Author Bio: 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 greenjeg@gmail.com.
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When you lie and steal everything you acquire, and it is shown to be an enemy of your country’s beliefs, and you do anything to maintain that power, eventually enough people hopefully see what you did, and revolt, in one form or another. The left has been so blatant and arrogant because of their drunkened power trip that they could only be more absurd in their arrogance, by doing something else to add to their list of horrors. They got desperate, or at least displayed it in a way that maybe the voter will reverse the trend away from tyranny for a while, at least.
The Left has been on too long a drinking binge, and we need to deal with them, before it is too late, and that time is near.
If the draft does turn out to be the final product, one of the most interesting details will be how Roberts voted. I don’t think his indignation over the leak can be a signal regarding his vote. I would not be surprised to learn he voted with Sotomayor, Kagan and Breyer, making it a slim 5 – 4 edge. As you pointed out, his idiotic pronouncements about Obamacare should make everyone suspicious.
If the Chief Justice votes with the majority, he assigns the justice to write the opinion. If he votes with the minority, the senior justice among the majority decides who writes the opinion. I could be reading too much into it, but the fact that Roberts is described as undecided implies to me that Thomas assigned Alito to right the opinion, and Roberts was unlikely to side with the majority. Though that may now change for political reasons.
And if it does safe bet Roberts does his usual BS, votes majority and assigns himself the opinion so he can nerf its effects.
What I understand is that Roberts has voted with the minority, which gave Thomas the duty of writing or assigning the opinion to Alito. The left won’t be able to twist Roberts into changing his vote, for their benefit. It sure does seem to be that Roberts’ track record of going against anything the conservative members see, plain as day, isn’t changing. He doesn’t realize how hypocritical he looks, especially after that nonsense about Obama judges, which he might as well be. With Roberts as the example of a Bush Justice, he might as well have been and Obama Justice.
This leak was a ploy to get the left all fired up about something. There is nothing else they have to run candidates on, or get campaign dollars flowing in.
When Texas sued Pennsylvania over the 2020 election, that is – by definition – a SCOTUS case. Yet, Roberts wouldn’t allow it to be heard.
Roberts is a tool of the Establishment. His cowardly and unethical re-definition of Obamacare denied him any profile in courage and a prominent place is hall of American judicial shame.
He is also more of a political animal than the left side of the Court. You know how they will vote, on almost everything. Roberts plays with his decisionmaking as some kind of tool to make the Court look like something that it shouldn’t be.