Categories: News

The Destruction of the Supreme Court – Opinion

It’s a strange coincidence to me that the most scandalous incident in Supreme Court history occurred on the very day students took the end-of-year exams in AP U.S Government and Politics.

The scandal is the leaked draft of the opinion about the controversial matter DobbsMany in the legal profession are shocked by this case. Many people agree that this behavior is both highly illegal and inappropriate. There’s a reason it hasn’t happened before.

Supportive or non-supportive? Roe v. WadeWe should be afraid that even the Supreme Court could fall prey to the worst of partisan bickering, regardless of whether it wishes to. The leaking of the draft opinion, which is in no way the final decision of the Court but a good indicator of where it’s headed, marks the end of cordiality between judicial philosophies as exemplified by the friendship between Ruth Bader Ginsburg and Antonin Scalia.

We do not know who leaked the document, but we can hazard a guess that it’s a liberal staffer terrified of the prospect of RoeWanting a loud and public backlash in order to intimidate the Court’s conservative members. Any other scenario makes little sense — why would a conservative justice’s staffer leak this? It is a disgraceful act of conservatives to reveal something they know will happen.

If this document holds up, it’s clear RoeIt is doomed. Even if Chief Justice John Roberts were to side with the liberal justices (which I highly doubt), it’s still 5-4 in favor of overturning the landmark abortion case. It was still 6-3, with Roberts’ concurring opinion calling to make a more limited decision.

Erin Schaff/The New York Times via AP. Pool

Social media has been a popular platform for those on the right, who fear that Roberts will be forced to change his vote by this leak. But the very reason that they fear he might is actually the reason he won’t.

Roberts believes in the right to life. Roberts’ wife, who is also a pro-life activist for many years, is also a lifelong supporter. But there is only one other issue he is just as passionate about — the sanctity of the Court. That sanctity was violated. They violated the trust and independence of the nation’s highest court in order to force a political decision. Roberts is often seen as giving in to pressure and joining the party of the left, but I find him more outraged than that. It is not possible to see him as weak or easily persuaded to agree to the losing side simply because someone pressured.

If this leak is genuine (and as of the moment I’m writing this, everyone seems to think it is), then it is the destruction of an institution and the biggest news story of the week and month, and even the year so far. Someone’s head will roll. If the decision was made to fire someone, it will result in the firing of some employees. Or, a Justice may be forced into resignation.

The situation is volatile. Following the release of POLITICO, the Supreme Court was instantly barricaded. It’s almost as if everyone is expecting strong demonstrations to follow it.

We cannot stress enough how important it is that conservatives view life as precious and sacred. Therefore, all of us must seek independent justice. It is nothing more than an instrument of political parties. And while you may argue the partisan nature of the process, you cannot argue that the Court’s independence is its most valuable attribute.

It was time to let go Roe v. Wadeis sure to continue to be debated over the next decades. We should be equally horrified by what happened. On the day of several state primaries, someone with a political agenda made sure that a friend got the draft. Then, they ran with it. The damage to careers will continue, even though they will lose their jobs. This has seriously violated the sanctity and sovereignty of the Court.

For all the shouting about the destruction of norms under Donald Trump, you don’t find too many people screaming about it here. Why is that?

This post was last modified on May 3, 2022 7:06 am

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Pluralist

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