Rich Lowry says the leak of a draft opinion is a shocking assault on the Supreme Court.
The U.S. Supreme Court is seen early Tuesday, May 3, 2022 in Washington. A draft opinion suggests the U.S. Supreme Court could be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide, according to a Politico report released Monday. Whatever the outcome, the Politico report represents an extremely rare breach of the court's secretive deliberation process, and on a case of surpassing importance.
The leak, assuming it’s legitimate and assuming it came from someone on the left of the court , is a brazen breach of the court’s rules in an attempt to sabotage its deliberations. This is how hardball politics works in Congress or in the executive branch, where strategic leaks are the norm and very often no one trusts nobody. It’s completely inimical to the spirit of the Supreme court, which is supposed to decide its cases as a strict matter of law free of political influence.
The leak, in its own way, brings home how one of the key assumptions in the court’s abortion jurisprudence has been wrong all along. It imagined itself settling once and for all a highly contested social issue. In reality, by attempting to take the issue out of politics, it made the fight over abortion even more divisive, while making itself a political football. Now, the issue that it sought to settle has blown back on the court, perhaps changing how it operates forever.
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