Posted on 05/07/2022 11:51:39 AM PDT by RetiredArmy
And what has happened to Chief Justice Roberts, anyway?
Old Joe Biden said Tuesday that Justice Samuel Alito’s leaked draft majority opinion overturning Roe v. Wade was “really quite a radical decision” and “a fundamental shift in American jurisprudence,” but as usual, he was lying. Alito’s decision appears to be carefully reasoned, firmly based on what the Constitution actually says, and written with a full recognition of the nature and importance of judicial precedent. What is unprecedented is the leak that has allowed us to evaluate this decision before the Court has actually ruled on the case at hand, Dobbs v. Jackson Women’s Health Organization. That is the key aspect of this incident for what it reveals about the state of American public life today, the cardinal importance of abortion for the Left, and what might happen next.
As Chief Justice John Roberts stated, “This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.” NPR legal affairs correspondent, Nina Totenberg, explained: “No fully-formed draft opinion has been leaked to the press or outside the court. Once or twice there may have been leaks that say how is something is going to turn out, or after-the-fact that somebody may have changed his or her mind. But this is a full-flown, Pentagon Papers-type compromise of the court’s work.” She added that while the leak wasn’t illegal, “it’s a career-ender for whoever did.”
Maybe it is. But maybe not. The leaker, once he or she is found, will without any doubt be lionized as a hero on the Left for allowing for what Daniel Greenfield called an attempt to “intimidate the Supreme Court” with “narratives, protests, and threats.” This is the Left that has likened violent and destructive Antifa thugs to the American heroes who stormed the Normandy beaches. This is the Left that has so much contempt for American history that it was torn down or overseen the removal of statues of Thomas Jefferson, Abraham Lincoln, and Ulysses S. Grant. This is the Left that has made it abundantly clear that it intends to “fundamentally transform the country,” as Old Joe promised to do in May 2020, echoing Barack Obama’s 2008 pledge.
Leftists today have repeatedly demonstrated their hatred for America’s heritage, laws, traditions, and Constitution. Why should they respect the time-hallowed custom of preserving the secrecy of unpublished Supreme Court documents, or punish the person responsible, especially when that person’s actions have helped them further their agenda? A vote to overturn Roe v. Wade would likely be five to four; only one Justice has to be threatened or frightened into changing his or her vote for the Left’s sacrament, the centerpiece of its worship of radical individualism and personal autonomy, and its refusal to accept biological reality, to be preserved. The person who would be responsible for that Justice changing his or her vote would be hailed with more gusto and fervor than the Left hailed even George Floyd, or Huey P. Newton, or Julius and Ethel Rosenberg, or Alger Hiss.
And now Barack Obama has called for protests: “We’re asking you to join with the activists who’ve been sounding the alarm on this issue for years and act. Stand with them at a local protest. Volunteer with them on a campaign. Join with them in urging Congress to codify Roe into law.” (What Obammy is calling for is RIOT, BURN, LOOT, STEAL, KILL, INJURE, THREATEN, HARM, INTEMIDATE, CHEAT. All the Dimo specialities)
The intimidation will begin. Chief Justice Roberts, however, insists that it won’t work: “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.”
Maybe it won’t. But what has happened to Roberts himself? He was placed on the Court as a conservative. In his early years, he voted with conservative stalwarts Antonin Scalia and Clarence Thomas. But over the years, something has changed. By June 2020, Roberts had essentially transformed himself into another vote for the Left on the Court. ABC News reported that Roberts “voted with the progressive wing on abortion, immigration and Title VII,” and that consequently, “some outraged legal conservatives have accused Roberts, who was appointed by Republican President George W. Bush, of betrayal.”
No one knows why Roberts turned, but it’s noteworthy that like so many other conservatives when they get to Washington, he did. One rarely, if ever, sees the opposite phenomenon: a prominent politician getting elected, or chosen for the Court, as a Leftist, and then moving rightward. Why? Will the intimidation and threats we will certainly see now be the first? Unlikely. Or is it simply a matter of not getting invited to the best parties in Washington, and shunned by the in-crowd?
Whatever it is, it’s a terrible way to legislate, and to adjudicate. Whatever happens now, it is likely to take us to even newer lows.
Robert Spencer is the director of Jihad Watch and a Shillman Fellow at the David Horowitz Freedom Center.
Ironically for the leaker, this will make the final decision less impactful, closer to the midterm elections.
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Maybe. That assumes the decision will not change. This may be Roberts chance to vote with the majority (which gives him the right to write the opinion as CJ). Then he can write one if his patented opinions that reverse a particular law lefties don’t like but do so in a way that has almost no precedential value for any other law.
That’s not how it works. It doesn’t matter whether Roberts votes with the majority or not. The only thing that matters is whether 5 Justices join the holding of any particular opinion.
Biden really voted to overturn Roe v Wade. The legislative branch doesn’t really vote against something the judicial branch does.
What this means INHO is that the Democrats will do anything to win the midterm election.
WHEN was this result ACTUALLY meant to be released? And why at that moment?
This knocked Pfizer's disastrous trial results AND 2000 Mules off of the news cycle, even with apparently willing dupes in CONservative (as in always CONNED) media.
I suspect that it wasn’t a ‘law clerk’ that leaked the doc, but a Justice. Perhaps Breyer, but more likely Sotomayor. And Roberts knows it.
SC decisions are announced TUE-WED mornings and on third MON in May and June.
Likely decisions announced first are the ones with least amount of variation in justice’ opinions. That this decision’s reasonings weren’t et finalized indicates a late June release date.
Bingo! The liberals have no ethical standards whatsoever.
They are systematically destroying the country.
The leaker will become a hero to the Left.
Who ever did it will be lionized in the media.
I wouldn’t be a bit surprised if the leaker was elected to high office.
yep, that’s where we are with this.
Of all the chatter in the media over this leak, you would swear that liberals are in favor of leaking Supreme Court drafts which aren’t finalized, while only the conservatives are outraged about the leak. The liberals seem very very nonchalant about the fact that there was a leak.
Whoever leaked it is certain to be someone on the liberal side. And such person will be feted and lionized and will get book deals and shows on MSNBC. He/she will be richly rewarded for their sacrifice.
And to the extent that laws were broken, this individual will not face any legal actions. He/she is a hero to the left.
Agree. Totally.
(“fundamentally transform the country,”)
And a good number of Americans yawned in 2008 when they were told.
Now they can’t figure out what happened to the country.
They must be getting set up for the strong delusion.
Facts, evidence, etc. don’t affect them. A total disconnect. I’ve spoken to several in person who stand by their faith in Stanley Ann’s baby.
Kennedy was what many Democrats were like 60 years ago.
We’ll see..... little “boy”. ~ The Democrats
Roberts:
“...public servants who work here..”
Really?
SCOTUS has arguably NEVER been a nexus of servants. Serpents, perhaps.
Traitor Roberts needs to prove it wasn’t him.
“That’s not how it works. It doesn’t matter whether Roberts votes with the majority or not. The only thing that matters is whether 5 Justices join the holding of any particular opinion.”
Correct me if I’m wrong. If the Chief is in the majority, he gets to decide who writes the majority decision. The other five justices could write a separate concurring opinion.
After oral arguments, the justices vote in conference. The most senior justice on the majority assigns the opinion. However, the opinion that is written still has to keep a majority of justices on board.
This situation played out in 1992. 5 justices; Rehnquist, Scalia, Thomas, White and Kennedy voted to overturn Roe. A draft opinion doing just that was circulated. Kennedy got scared and O’Connor drafted the “undue burden” opinion that purported to be the middle ground. Kennedy and Souter joined her.
What resulted was 4 Justices would have overturned Roe, 2 would have kept it and 3 with the Casey standard.
The 3 Justice plurality became the controlling opinion because because each of its parts was concurred with by at least two other Justices, albeit different ones for each part.
The CJ or Senior Justice can assign whatever they want, but unless the opinion actually can carry a majority of justices it doesn’t matter.
Unborn?
Dont be surprised if these “protesters” just start flat-out attacking women with strollers and killing the babies they are pushing!
The level of absurdity has reached the point where that is certainly plausible at this stage.
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