The unprecedented leaking of the Supreme Court draft decision in the Dobbs v. Jackson Women’s Health case, in which justices allegedly voted to undo Roe v. Wade, has been criticized by Supreme Court experts.
After an oral hearing in December, a majority of the Supreme Court justices voted to reverse Roe v. Wade, according to a leaked draft opinion published by Politico, although their vote is not yet final and might still change. Legal experts said the leak would harm the Court’s reputation and effectiveness, and it was almost certainly driven by politics.
According to legal expert Jonathan Turley, the leak was most likely part of a Democratic strategy to get the Supreme Court or Congress to safeguard baby killing.
“The most likely goal is to apply pressure on the Court and get a federal abortion law through Congress before the midterms. It will also almost certainly call for court packing again,” Turley said. “This draft was written in February, and the majority of justices are still free to change their minds. However, releasing such a document is a grave sin among the justices.”
Ilya Shapiro, a legal expert, said the leak posed a danger to the Court’s core functions and that he believed it was probably politically motivated as Turley said.
“The leak is completely inexcusable and endangers the Court’s operations,” Shapiro wrote. “It’s yet again those who decry the loss of norms that break them, as with court-packing, attacking legitimacy, and so on.”
“It’s difficult to overstate the earthquake this will create among the Justices and employees of the Court,” wrote SCOTUSblog on Twitter. “This leak is the most serious, unforgivable crime possible.”
The case was not expected to be ruled on by the Supreme Court for another two months, according to Politico.
This goes to show that Democrats will do whatever it takes to win, even breaking laws or historical norms. And Republicans should take note and learn a thing or two from this. Also take note that if it were a Republican leaking this information, the mainstream media would be going nuts right now about the breach of the sanctity of the Supreme Court.