Chief Justice John Roberts commented for the first time publicly about the leak of the draft opinion on the abortion case out of Mississippi in which the majority of the justices voted to send all abortion decisions back to the states for voters to sort out. If the draft decision holds, it would wipe from the books the Roe v. Wade and Casey v. Planned Parenthood decisions.
At a federal judicial conference in Atlanta on Thursday, Roberts described the leak by a Supreme Court employee as “absolutely appalling.”
According to CNN, Roberts told the gathering that it was “foolish” if “the person or people” who leaked the draft opinion thought it would affect the work of the court.
It’s widely believed that, considering the 5-4 vote spread (which was also leaked to Politico earlier this week), Roberts sided, or partially sided, with the liberal wing of the court or was writing his own partial concurrence with the majority upholding the Mississippi law. The Mississippi law outlaws abortions after 15 weeks. Roberts preferred to keep Roe and Casey on the books. That sounds about right for the justice who appears to care more about the institution of the Supreme Court than getting rid of a zombie “precedent” excoriated by Justice Sam Alito’s majority draft opinion as being “egregiously” decided. Alito likened the “freewheeling” Roe decision to Plessy v. Ferguson, the notorious separate but equal decision of 1869 that extended Jim Crow laws in the south. That decision was later summarily cashiered by the Supreme Court in the Brown v. Board of Education decision in 1954.
So much for precedent, and thank God for that.
We’ll see how much Robert loves his institution. Former Supreme Court law clerks Senators Ted Cruz and Mike Lee; TV anchor Laura Ingraham; and the head of the Article III Project, Mike Davis, all say the leak has changed the court, maybe for good. There will be a lack of comity and perhaps mutual distrust following this traitorous move, which Ted Cruz says was most certainly done by a “woke lefty twit” working for one of the three “liberal” justices.
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