The shocking Dobbs draft leak is only the latest example of a Supreme Court in disarray. Can Chief Justice John Roberts maintain a centrist streak, or will the new far-right majority overpower the highest court in the land?
’s first draft of an opinion overturning the 50-year-old precedent ofalong with the constitutional right to abortion that it recognized, is yet another distressing sign of an institution in increasing disarray.
The leak of the Alito draft was hardly the only breach of the Court’s norms this term. In January, Justiceparticipated in a decision that he seemingly should not have, under the statute governing disqualification of federal judges. The case involved a suit by the congressional committee investigating the January 6, 2020, insurrection at the Capitol.
What is most concerning, however, is that this apparent disrespect for the Court’s norms or Roberts’s leadership may also be impacting the Court’s decisions, as evidenced by Alito’s draft. The willingness by the majority to dispense with a woman’s right to an abortion prior to fetal viability—a right counted on by generations of American women since 1973, and a right which has since gained widespread public support—is symptomatic of the imperial attitudes on the right flank of the Court.
In action, originalism has proven to be exactly the disease Scalia claimed to be curing: a thin mask for enacting a right-wing political agenda. The best example is Scalia’s 2008 opinion inwhich radically revised the interpretation of the Second Amendment. The amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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