Politics

SCOTUS Leak Will Backfire

Roberts now has no choice.

Image Credit: Shutterstock

If the despicable idiot, likely a Sotomayor clerk, who leaked the Roe decision thinks she’s going to pressure Roberts, well, dumb move sweetheart. The CJ can’t encourage this leak outrage and if he was ever wavering will now side prolife on general principle.

Here are three views on the decision and leak. First from the court and Roberts himself. Then from a distinguished academic and presidential historian and finally from a GOP elected official who has been on the prolife front lines of the abortion fight. All are right on the money.

Chief Justice John Roberts: “Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case,” the court said.

“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,” Roberts said.

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“We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law,” he said. “Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. 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,” Roberts concluded.

Professor Tim Blessing of Alvernia University: “Whoever did this pretty well cemented the decision in place. The Supremes, for good reasons, treasure their independence and being free from outside pressure, at least by Washington standards. They also enjoy being one big collegial club. The five judges who joined in this opinion must be furious. And the process of compromise, quite common inside the court, has, I am sure, ground to a halt. It is, no . . . it was, entirely possible that Roberts could have picked-up Kavanaugh (and maybe even Barrett) with a properly written compromise opinion that ended Roe but established a new Federal precedent that, in some way, created a Federal recognition of abortion–at admittedly, a very low level. That chance just got shoved out of a third-floor window. The leaker seriously damaged their cause–and, perhaps, Sotomayor.”

PA Republican elected official and prolife leader John Fielding: “If true, this draft represents everything that pro-life conservatives have been wishing and praying for for almost 50 years. Roe was an example of the Supreme Court attempting to insert itself into the legislative role, and Casey was an excellent example of the consequence of the Court entangling itself in legislative issues as a result of Roe. A few other points of note.

First, this leak of a first draft is an unprecedented breach of trust by the staff of the Supreme Court, and I would not be surprised to see someone disbarred over this.

Second, this is an obvious attempt to ramp up a dispirited Democratic base in advance of the mid-term elections. Further, it will be responsible for any violent outcomes of the marches and other foolishness soon to follow.

Third, it is an attempt to influence down ballot state races since the logical consequence of such a decision at the federal level is that the abortion question will be punted to the states.

Fourth, most people don’t seem to understand that the purpose of the Supreme Court is not to be swayed by the emotion of the moment, but to confine itself to a dispassionate examination of the law within the bounds of a written constitution. However, this is a desperate attempt to try to ‘pick off’ one or two conservative votes from the majority opinion despite the Court’s insularity.”

David Kamioner
meet the author

David Kamioner is a veteran of U.S. Army Intelligence and an honors graduate of the University of Maryland's European Division. He also served with the Pershing Nuclear Brigade and the First Infantry Division. Subsequent to that he worked for two decades as a political consultant, was part of the American Red Cross Hurricane Katrina disaster relief effort in Louisiana, ran a homeless shelter for veterans in Philadelphia, and taught as a college instructor. He serves as a Contributing Editor for LifeZette.

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CARL
CARL
1 month ago

Sotomayor is where the buck stops when it comes to her staff. If it was one of her clerks who leaked this incendiary doc then the Sotomayor component of the SCOTUS must be purged completely and irreversibly. The SCOTUS is suffering from nuking itself when it punted the case of the fraudulent 2020 election. The emerging proof of a stolen election was in its infancy but growing at an exponential rate. That the Court decided the challengers had “No Standing” brought down shame and stain on this once-stellar institution. Today, with projects including Veritas and the film 2000 Mules, it is irrefutably clear that the Court made a mistake fueled by political concern. What kind of Court does that? A not-so-supreme one. Let’s now add Sotomayor’s faction trying to manipulate the decision of this Earth-shaking case and what do we have, a Not-So-Supreme Court. Well done, Roberts.

CARL
CARL
1 month ago

Sotomayor is where the buck stops when it comes to her staff. If it was one of her clerks who leaked this incendiary doc then the Sotomayor component of the SCOTUS must be purged completely and irreversibly. The SCOTUS is suffering from nuking itself when it punted the case of the fraudulent 2020 election. The emerging proof of a stolen election was in its infancy but growing at an exponential rate. That the Court decided the challengers had “No Standing” brought down shame and stain on this once-stellar institution. Today, with projects including Veritas and the film 2000 Mules, it is irrefutably clear that the Court made a mistake fueled by political concern. What kind of Court does that? A not-so-supreme one. Let’s now add Sotomayor’s faction trying to manipulate the decision of this Earth-shaking case and what do we have, a Not-So-Supreme Court. Well done, Roberts.

MikeyParks
MikeyParks
1 month ago

The Left has abandoned all of its integrity and adopted a scorched earth, win at any cost mentality. It’s third-world thinking that could end up bringing the nation down to the ground.

Spike
Spike
1 month ago
Reply to  MikeyParks

Yes!

Glenn Lego
Glenn Lego
1 month ago

Do we know how the word was leaked out to the press?

robert
robert
1 month ago

Demorats at its worst. Didnt think they could go any lower down the toilet.

Peter Nyikos
Peter Nyikos
1 month ago

When George Washington presided over the Constitutional Convention, he enforced a code of absolute secrecy. I’ve read that one delegate once carelessly left notes about the proceedings behind. Washington spoke to the gathered delegates in grave terms about this breach, holding the papers and asking if anyone could claim them.

It’s been at least four decades since I read about this, and I can’t recall the further details for sure, but I seem to recollect that no one dared to claim the papers, and they were properly disposed of.

Since the Supreme Court is entrusted by the Constitution to interpret it, it is very good to know that this code of secrecy about such deliberations has endured until yesterday. I hope that it will never again be broken.

CITIZEN
CITIZEN
1 month ago

The bottom line of all this is to find out who was the person who leaked the information and of utmost importance who did that person work for. No higher responsibility is placed on the judge that allowed this to happen. No one should believe that that person acted without someone else knowing it.

Spike
Spike
1 month ago

Honestly? the New Democratic Party is not the party from 1828 nor even 1928 nor as late as 20-30 years ago. It has been taken over by a left wing element that is totally at odds with a Free Nation that lives by the rule of law and an ageless Constitution. It is a danger to Freedom of speech, the right to vote, religion all of the things we have held dear, whether Republican/Conservative or Democratic/Liberal. That destructive thinking has permeated even the once vaunted FBI, DOJ at the highest levels, the Halls of Congress (for their point of view it is as much about power and greed as anything to do with policies) the Executive (with this president we have no idea who is behind the curtain with enormous power), every facet of government seems to be peopled by folks who cannot be trusted. Now the Supreme Court!

Dean
Dean
1 month ago

The civil war continues to advance as opposed to retreating.

Bring it .

Sara
Sara
1 month ago

Sad

PissedoffPatriot
PissedoffPatriot
1 month ago

The mere statement of the existence of “permanence” amongst SCOTUS court staff, employees and clerks…. IS THE PROBLEM. When “job security” within ANY government position IS OR CAN NEVER be an issue, the propensity for EXTREME CORRUPTION ARISES & FLOURISHES. No “justice” equals …. extreme crime, violent or otherwise!

Stephen Russell
Stephen Russell
1 month ago

Leak source: Justice Jackson??

Candy
Candy
1 month ago

Jackson is not yet on the court until Breyor term is finished. They suspect Sotomayor

Greenman21
Greenman21
1 month ago

Perhaps we can all now trust in the integrity of the promised investigation into the source of this appalling leak. Once the source is proven beyond doubt, there must be the most appalling of consequences rained down on the perpetrator and on any and all co-conspirators who enabled or assisted in this attempt to subvert American Justice. The Death Penalty would seem most appropriate were it not for the fact that this noble and very final sentence had not already become victim of the US Lawyers’ System – the Cash for Delays Program !