Chief Justice Roberts should lead by releasing the Dobbs decision

Washington Examiner ^ | June 15, 2022 | Nicole Russell

[karpov]

Several weeks ago, someone with access to the Supreme Court’s inner workings leaked a draft of Justice Samuel Alito’s opinion on Dobbs v. Jackson Women's Health Organization. Written in February, the draft decimated the legal foundation of abortion as a constitutional right and overturned the federal right to an abortion as guaranteed by Roe v. Wade. Although this draft did not represent a final decision, the leak itself was obviously meant to stir up controversy . It was perhaps also likely designed to persuade undecided justices to shift their votes. Regardless, it was incredibly damaging to the reputation of the court and its tentative ability to remain above the partisan fray.

After the leak, protesters gathered outside the homes of several justices, including Amy Coney Barrett and Brett Kavanaugh, as well as Chief Justice John Roberts. Again, for many, these were obvious attempts to intimidate the justices for the purpose of persuading them to vote against anything that would overturn Roe. The situation escalated when a man was arrested near Kavanaugh’s home, apparently plotting to assassinate the justice because of his views.

Where is Roberts's leadership in this? Why doesn’t Roberts release the Dobbs opinion in order to safeguard the Supreme Court from further harassment and intimidation?

[TexasGurl24]

Definitely. That’s why the most controversial opinions always tend to be released last (the deadline).

[AnthonySoprano]

[Verginius Rufus]

Maybe Roberts is delaying because he is hoping to flip one of the five pro-life justices.

[livius]

It’ll come out when it comes out….important decisions are usually last.

BTW, important doesn’t mean that it’s going to do anything radical…even if it ends up affirming R vW, which I think it will, it’s important and there will be a before and after.

It’s going to make people mad either way, except that our side is usually less aggressive so probably they’ll decide to placate the more radical side.

But who knows.

[Bubba_Leroy]

I think it is kind of funny watching the democrat insurrectionists trying to put together a decent sized riot every Monday and Wednesday morning, only to go home disappointed.

[Hieronymus]

It says that the Chief Justice doesn’t determine when it is released but is silent as to how the release date is determined?

So it could be determined by a Ouija Board, or Elmo-—we only know that it is not determined by the Chief Justice?

[Hieronymus]

That is helpful. Now once everyone seems to be more or less in place, who says “publish” or “hold off”?

[TexasGurl24]

In theory someone still working on a dissent could hold an opinion all the way to the last opinion day.

The short of it is that it is done when it’s done and not before. There really isn’t any one person “in charge” of when opinions are released.

[apillar]

Supreme Court insiders "claim" that the Supreme Court releases opinions as soon as they are ready, and the more impactful ones with lots of public interest come last simply because they take longer to iron out the details and are more difficult to write.

I think that's a load of bull personally, you can't tell me that every single major case has to get pushed to the last day, that there never has been any that could get announced early. I think they just like building suspense and all the "will they or won't they" news coverage it brings.

I'm guessing the Abortion ruling will be the last ruling on the last day of the term before the Justices hop on planes and fly to parts unknown for the summer.