It amounts to an attempted judicial coup. The leak of the opinion concerning Dobbs is unprecedented in modern history. The privilege of confidentiality is central to the deliberative function of appellant panels, especially the Supreme Court. The Biden administration flouts constitutional restraints, daring the Supreme Court to countermand the usurpations of legislative authority.Īnd now we’re witnessing an assault on the judiciary. During the pandemic, a multifaceted coalition of left-wing organizations and donors orchestrated the biggest change in electoral laws since the Voting Rights Act of 1964-and did so out of the public eye. Democrats in Congress engaged in an unprecedented slowdown of administrative appointments. For more than two years after Trump was elected, mainstream media flogged the Russian collusion hoax that was promoted by our intelligence agencies. Yet the threats to our public institutions have been otherwise. It’s difficult to get through the week without being told about the dangers of “white nationalism.” Since Trump appeared on the scene in 2016, we’ve been subjected to continual warnings about “violations of constitutional norms” and “authoritarian threats.” Hapless MAGA enthusiasts stormed the Capitol, and our prosecutorial apparatus has thrown the book at them.
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A leak of this magnitude is an effort to subvert the Court’s procedure and norms.
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It’s the opinion in the Dobbs case, which concerns Roe and Casey, two of the most contentious decisions the Court has issued in my lifetime. The opinion does not concern minute debates over water rights or intellectual property law. The draft of a Supreme Court majority opinion has been leaked.