doth evil mar. And it is starting to become more and more likely that this totally unethical leak of Dobbs will actually HARM the abortophiles in the long run. Even in the medium-run..
Still, I think the penultimate paragraph in Part IV provides the course of action going forward:
We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly.
In a perverse way, due to the leak, the Court can foresee what will happen when the opinion is formally released. Turn on MSNBC and log onto Twitter. We know exactly what would happen. Still, that foresight should be irrelevant. The justices lacks “authority to let that knowledge influence [their] decision.” Let the press do their job. And the Justices can will do their job.
I also think that rather than weakening positions, it actually solidifies them. Who would want to be known as “that pansy who crumped and tailored their jurisprudence to a certain sect after having once taken a stand?” The justice who does so rightly is tarred with, “I have principles, and if you don’t like those I have others…”
So will this gambit prevail? I doubt it.
It’s well passed time for this stupid national fight to be over. Let every state decide for themselves. Let the people’s voice be heard!