What’s going on at the Supreme Court?
Several weeks ago, someone with access to the Supreme Court’s inner workings leaked a draft of Justice Samuel Alito’s opinion on Dobbs v. Jackson Women’s Health Organization. Written in February, the draft decimated the legal foundation of abortion as a constitutional right and overturned the federal right to an abortion as guaranteed by Roe v. Wade. Although this draft did not represent a final decision, the leak itself was obviously meant to stir up controversy. It was perhaps also likely designed to persuade undecided justices to shift their votes. Regardless, it was incredibly damaging to the reputation of the court and its tentative ability to remain above the partisan fray.
After the leak, protesters gathered outside the homes of several justices, including Amy Coney Barrett and Brett Kavanaugh, as well as Chief Justice John Roberts. Again, for many, these were obvious attempts to intimidate the justices for the purpose of persuading them to vote against anything that would overturn Roe. The situation escalated when a man was arrested near Kavanaugh’s home, apparently plotting to assassinate the justice because of his views.
Where is Roberts’s leadership in this? Why doesn’t Roberts release the Dobbs opinion in order to safeguard the Supreme Court from further harassment and intimidation? It’s possible Roberts is holding the release of Dobbs to prove that neither he nor the Supreme Court will bend to the demands of any mob, but that seems far-fetched. Plus, it’s not working. Roberts should draw a line in the sand and disabuse the notion that any leak or pressure can affect the interpretation of law.
Protesting, albeit not outside of justices’ homes, is a fundamental right. But the pursuit of coercion, intimidation, and violence is unjustified. Roberts must lead.
Nicole Russell is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist based in Washington, D.C., who previously worked in Republican politics in Minnesota.
