The Leaked SCOTUS Dobbs Decision - Take a Deep Breath
The leak of a SCOTUS draft opinion is a bigger issue than the apparent “repeal” of Roe v. Wade will be on abortion. This is an attack on the rule of law more than it is on abortion.
This seems like a good time to publish something I posted here last September 5th on the Dobbs vs. Jackson Women’ Health Center case that the Supreme Court took up in 2021.
The usual suspects in the media are apoplectic over the the Court’s apparent 5-4 decision to repeal Roe v. Wade and with it, possibly Planned Parenthood v. Casey that legalized most abortions. I haven’t read the leaked draft opinion crafted, apparently, by Justice Samuel Alito because it does not yet reflect the view of the majority, at least yet. Draft opinions mean nothing for now. And it doesn’t include minority views, especially from the Chief Justice with his usual nuanced if twisted-beyond-recognition views.
But there are two things you need to remember. First, repeal of Roe v. Wade and affirming Mississippi’s ban on abortions after 15 weeks of pregnancy won’t have the effect you think it does on ending abortion. Second, the leak is a bigger deal and was done to undermine the integrity of the court and further politicize if not demonize it. It is nothing less than an attack on the rule of law. It was an despicable act.
If the Supreme Court ever needed a “plumbers squad” to find, expose, and punish the leaker, it is now. I hope they are relentless. Given how carefully they guard against such breaches, I suspect they will be. Just remember, liberals, it could happen to you.
A third point - this won’t have the impact on the elections that Democrats are looking for. That also was explained in my post from September 5th.