MOST people who have even a passing knowledge of the situation are totally aghast at the brazenness of a clerk leaking a draft decision.
That scandal, the leaking of what appears to be an authentic initial draft opinion on the controversial Dobbs case, has left many in the legal community aghast. Left and right, many agree that this is highly irregular and highly improper. There’s a reason it hasn’t happened before.
Even so, I really doubt it will change things.
… Roberts is pro-life. His wife is a longtime pro-life activist. But there is only one other issue he is just as passionate about — the sanctity of the Court. Someone violated that sanctity. They violated the trust and independence of the nation’s highest court in order to force a political decision. Where some see Roberts caving because of this, I see him outraged and joining more forcefully with the conservatives. He cannot be seen as so weak and easily swayed as to join the losing side of the argument because someone tried to pressure him into it.
… The decision to jettison Roe v. Wade is going to be debated for decades to come. But we should also be horrified at what has happened here. Someone with a political agenda, on the eve of primaries across several states, made sure a friendly news outlet got the draft and ran with it. Careers will end over it, but the damage will be done. The sanctity of the Court has been thoroughly violated.