By An Old Friend
Mon, May 2, 2022 11:16 pm"The left's leak of a draft Supreme Court opinion overturning Roe v. Wade is unprecedented" [brief]
In a prefatory email, Glenn Beaton wrote:
I practiced at the Supreme Court, and I've always been in awe of the place and the people. Even the Justices that I disagreed with.
Until now. Today something happened at the Court that shook me to the core.
Here's his brief piece:
The left's leak of a draft Supreme Court opinion overturning Roe v. Wade is unprecedented
Politically motivated leaks are no big deal in today's partisan politics. But something happened today that is utterly unprecedented.
A draft Supreme Court opinion overturning Roe v. Wade was leaked. To my knowledge, this has never happened before.
The leak was obviously by either one of the three Justices in the liberal wing of the Court, or one of their 10-12 clerks who have access to the internal deliberations of the Court. It was presumably for the purpose of ginning up a public outcry to pressure one or more of the majority justices to change his or her mind.
Something somewhat similar happened in the Supreme Court's decision upholding Obamacare. Chief Justice Roberts initially was on the side of four conservatives to invalidate the law, but he was persuaded to change his mind. The outcome was a 5-4 decision upholding it.
But in the Obamacare decision, there was no leak of a draft opinion. There was no breach of Supreme Court deliberations or confidences. Roberts simply changed his mind in the face of unrelenting political pressure.
That's not illegal or unethical. Cases that reach the Supreme Court are the hard ones, and I can't blame Roberts for changing his mind (though I do blame him in Obamacare for ultimately making the wrong decision).
The leaked opinion overturning Roe v. Wade is something altogether different. The Court, the law, the nation and the people are the weaker for it. The left will stop at nothing.
I doubt the leaker was a clerk. If a clerk were ever caught doing this, his career would be toast. The clerks are very smart people with very promising and lucrative careers ahead of them. Big law firms are offering them signing bonuses of several hundred thousand dollars these days. They wouldn't jeopardize those careers for a political crusade. And I doubt liberal Justices Breyer or Kagan would ever do such a thing – they're libs with whom I often disagree but they're also smart and ethical people.
I suspect the other liberal Justice, the one who has publicly and intemperately excoriated the Court from the bench when she's outvoted. I suspect Justice Sotomayor.
[[Whom I call "Sotomanure" -- AOF]]
Glenn K. Beaton practiced law in the federal courts, including the Supreme Court.
WHITE WOMEN(EXCLUSIVELY)COME OUT TO PROTEST ROE OVERTURN;COLLINS COMPLAINS ABOUT GORSUCH AND KAVANAUGH
ReplyDeleteUpdate (1100ET): Sen. Susan Collins (R-ME) said on Tuesday that the leaked draft ruling by the Supreme Court overturning Roe was "completely inconsistent" with what Justices Neil Gorsuch and Brett Kavanaugh told her in private during confirmation hearings when they were Supreme Court nominees.
"If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office," said Collins. "Obviously, we won’t know each Justice’s decision and reasoning until the Supreme Court officially announces its opinion in this case."
Collins defended her vote for Kavanaugh in 2018, stating that she didn't believe he would vote to overturn Roe.
"I do not believe Brett Kavanaugh will overturn Roe v. Wade," she said at the time. "He noted that Roe had been reaffirmed 19 years later by Planned Parenthood vs. Casey. And that it was precedent on precedent. He said it should be extremely rare that it should be overturned."
Meanwhile, the Supreme Court says yesterday's leaked report is authentic.
* * *
Protests erupted outside the US Supreme Court overnight after a draft majority opinion overturning Roe v. Wade leaked to Politico.
Photo: Alex Brandon / AP
Barriers were erected outside the courthouse as hundreds gathered outside to protest the news, the Washington Post reports. A smaller group of pro-life protesters also showed up, chanting "Pro-choice, that’s a lie. Babies never choose to die," while the larger group of pro-abortion protesters shouted "When abortion rights are under attack, what do we do? Stand up, fight back!"
GRA:All White girls(women)--not one black.Self genocide anyone?Girls--mentally--THINK!!!
--GRA
From ZH.
ReplyDelete--GRA
"COLLINS COMPLAINS ABOUT GORSUCH AND KAVANAUGH"
ReplyDeleteIs Senator Collins with her complaints defying the rule of law? Perhaps engaging in some sort of insurrection? Helping to establish a climate of hate that will lead to violence? Cause some folks to "snap"?