Leaks: US Supreme Court Staffer Leaks Roe v Wade... WitchHunt Protests Police Ensue
Batten down the hatches... https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinio... https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000 Who Leaked The Supreme Court Opinion? https://summit.news/2022/05/03/who-leaked-the-supreme-court-opinion/ https://www.breitbart.com/politics/2022/05/02/leaked-supreme-court-opinion-o... After a draft Supreme Court opinion overruling Roe v. Wade was leaked to the press, speculation turned to who was responsible, with calls for them to be arrested. The majority of the court has decided to vote 5-4 to overturn federal constitutional protection of abortion rights, with Justice Samuel Alito writing, “Roe was egregiously wrong from the start,” in addition to asserting, “We hold that Roe and Casey must be overruled.” In an unprecedented move, the opinion was leaked to Politico, presumably in an attempt to create massive social unrest that would lead to one or more of the justices being intimidated into changing their mind. “But it is not a binding decision of the court unless at least five justices sign it, and this looks like a transparent and unprecedented betrayal by one of the 45 or so people with access to a draft Supreme Court opinion to prevent this decision from becoming law by scaring off moderate justices and attempting to whip the political left into a frenzy,” reports Breitbart. Experts say the Supreme Court will lose the trust of a generation of Americans if the decision is walked back due to political pressure, but that didn’t stop whichever irate leftist leaked the document metaphorically pulling the pin on the grenade in an attempt to interfere in democracy. “The American people’s belief in the rule of law would be shaken if they lost respect for this Court as an institution that decides important cases based on principle, not ‘social and political pressures’,” states the leaked document itself. “But we cannot exceed the scope of our authority under the Constitution, and we cannot allow our decisions to be affected by the extraneous influences such as concern about the public’s reaction to our work,” Alito responds. Leaking a draft SCOTUS ruling is worse than January 6th. The Court was the one institution where conservatives and liberals lived in peace and trust. You disagreed but the trust was sacred. This completely destroys the Court’s inner workings. Totally in shock right now. — Cernovich (@Cernovich) May 3, 2022 The only people with access to the original document were the nine justices and their 36 law clerks, meaning it’s almost certain that one of the 36 law clerks leaked the document. When you consider that each justice has four clerks working for them, that probably narrows it down to one of 16 clerks working for the four Democrat-appointed justices. “The fact that some are praising this leak shows how utterly craven we have become in our politics,” tweeted attorney Jonathan Turley. “There appears no ethical rule or institutional interest that can withstand this age of rage.” The fact that some are praising this leak shows how utterly craven we have become in our politics. There appears no ethical rule or institutional interest that can withstand this age of rage. — Jonathan Turley (@JonathanTurley) May 3, 2022 Other respondents highlighted how the leak is designed to intimidate the justices, via sparking potential mass civil unrest, into changing their mind. The perpetrator, who is already being lionized as a hero by the left, should face immediate arrest. Interference in a Supreme Court decision is a blow to democracy - like, say, stopping an electoral vote The conspirators must be rounded up and arrested and placed next to the J6 detainees — Jack Posobiec ☦️ (@JackPosobiec) May 3, 2022 Probably the greatest violation of unwritten "norms" in the history of the Supreme Court. And I absolutely guarantee you the leaker spent years railing against President Trump's undermining of norms. https://t.co/XSa9LaGb66 — Josh Hammer (@josh_hammer) May 3, 2022 This is why they leaked: "Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading...The court’s holding will not be final until it is published, likely in the next two months." (Politico) https://t.co/9k0JfLfYZd — Andrew "Leaked Majority Opinion" Kolvet (@AndrewKsay) May 3, 2022 Democrats are now expected to launch an attempt at court packing before they lose Congress in November, although the 5-4 decision should be rubber stamped before then. The leaking of the opinion is brazenly an attempt to subvert that process, create more chaos and violence in America, and derail the constitutional functioning of the Supreme Court. But that won’t matter at all to leftists, who think their moral right to kill babies supersedes all other concerns. 'Betrayal': Supreme Court Slams Leaked Roe Opinion, Says Does Not Represent "Final Decision" The Supreme Court issued a rare rebuttal to Monday's leaked Politico report on a draft opinion overturning abortion rights in the US. Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case. Chief Justice John G. Roberts. Jr., provided the following statement: To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way. We at the Court are blessed to have a workforce - permanent employees and law clerks alike - intensely loyal to the institution and dedicated to the rule of law. Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here. I have directed the Marshal of the Court to launch an investigation into the source of the leak. 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!" Breaking: Protests are beginning to form outside the Supreme Court. This is just the beginning. #GOPHandmaidsTale pic.twitter.com/8OYnmRxZyN — MeidasTouch.com (@MeidasTouch) May 3, 2022 A couple hundred people, most in their 20s and 30s, are now outside SCOTUS. There’s still not yet any organized protest or chanting, just folks standing around talking. Guy just whipped out a can of White Claw. pic.twitter.com/PCrXisy0Ys — Natalie Allison (@natalie_allison) May 3, 2022 Really rich hearing the Left trot out this old chant after the past 2 years of them cheering on vaccine mandates. pic.twitter.com/6yhay9YWaw — The Columbia Bugle 🇺🇸 (@ColumbiaBugle) May 3, 2022 A scuffle broke out shortly after midnight, as several 'masked protesters' tried to force the pro-life protesters to clear out. Neither group budged according to the report. 2nd clip from the scuffle, looks like someone in a suit gets clocked. pic.twitter.com/BATtQmE7Ms — Doge (@IntelDoge) May 3, 2022 "The first line in the draft is that this is a moral issue. If it’s a moral issue, you shouldn’t be depriving us of our choice," said Annie McDonnell, a student at George Washington University. President Joe Biden responded to the report with a statement he undoubtedly had zero involvement crafting, saying: "We do not know whether this draft is genuine, or whether it reflects the final decision of the Court." The statement adds that Roe is based on a "long line of precedent recognizing ‘the Fourteenth Amendments concept of personal liberty... against government interference with intensely personal decisions," adding that he believes a woman's right to choose is 'fundamental,' and that Roe has been the 'law of the land for almost fifty years, and basic fairness and the stability of our law' demand that it not be overturned." Biden then said that the White House's "Gender Policy Council" has prepared options to respond to "the continued attack on abortion and reproductive rights, under a variety of possible outcomes in the cases pending before the Supreme Court. Supreme Court Set To Overturn Roe v Wade, Leaked Draft Opinion Shows A leaked draft of a US Supreme Court decision reveals that the majority of the court has decided to overturn Roe v. Wade by a vote of 5-4, according to Politico, which calls it a "full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right." "Roe was egregiously wrong from the start," wrote Justice Samuel Alito in the draft which was circulated inside the court before someone leaked it to the news outlet. "We hold that Roe and Casey must be overruled." “No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.” https://t.co/2os0uJWyUr — Eamon Javers (@EamonJavers) May 3, 2022 Politico highlighted these 10 passages from the draft opinion: “We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision....” “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” “In the years prior to [Roe v. Wade], about a third of the States had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire Nation, and it effectively struck down the abortion laws of every single State. … [I]t represented the ‘exercise of raw judicial power’… and it sparked a national controversy that has embittered our political culture for a half-century.” “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions. On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.” “In some States, voters may believe that the abortion right should be more even more [sic] extensive than the right Casey and Roe recognized. Voters in other States may wish to impose tight restrictions based on their belief that abortion destroys an ‘unborn human being.’ ... Our nation’s historical understanding of ordered liberty does not prevent the people’s elected representatives from deciding how abortion should be regulated.” “We have long recognized, however, that stare decisis is ‘not an inexorable command,’ and it ‘is at its weakest when we interpret the Constitution.’ It has been said that it is sometimes more important that an issue ‘be settled than that it be settled right.’ But when it comes to the interpretation of the Constitution — the ‘great charter of our liberties,’ which was meant ‘to endure through a long lapse of ages,’ we place a high value on having the matter ‘settled right.’” “On many other occasions, this Court has overruled important constitutional decisions. … Without these decisions, American constitutional law as we know it would be unrecognizable, and this would be a different country.” ”Casey described itself as calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side. … The Court short-circuited the democratic process by closing it to the large number of Americans who dissented in any respect from Roe. … Together, Roe and Casey represent an error that cannot be allowed to stand.” “Roe certainly did not succeed in ending division on the issue of abortion. On the contrary, Roe ‘inflamed’ a national issue that has remained bitterly divisive for the past half-century....This Court’s inability to end debate on the issue should not have been surprising. This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on. Whatever influence the Court may have on public attitudes must stem from the strength of our opinions, not an attempt to exercise ‘raw judicial power.’” “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. We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.” Sorry one last thing for those wondering about Court procedure: After oral argument the Justices take a tentative vote. This would have happened in December. The senior most justice in the majority gets to assign the opinion. That might have been Roberts, but doubtful since... — Neal Katyal (@neal_katyal) May 3, 2022 So there is the possibility an opinion can flip after oral argument and the tentative vote, so it's theoretically powerful the Alito opinion won't be the vote of the Court. But it would require a Justice BESIDES Chief Justice Roberts to flip. — Neal Katyal (@neal_katyal) May 3, 2022 The magnitude of this report is so serious that Politico included this editor's note vouching for the authenticity of the draft decision. Via Ben Mullin The leak has completely wiped the headlines and Twitter is exploding with hot takes. Leaking a draft SCOTUS ruling is worse than January 6th. The Court was the one institution where conservatives and liberals lived in peace and trust. You disagreed but the trust was sacred. This completely destroys the Court’s inner workings. Totally in shock right now. — Cernovich (@Cernovich) May 3, 2022 The fact that some are praising this leak shows how utterly craven we have become in our politics. There appears no ethical rule or institutional interest that can withstand this age of rage. — Jonathan Turley (@JonathanTurley) May 3, 2022 FWIW, there’s not much the GOP wants less than Roe to actually be overturned. If the Politico scoop is correct, the GOP is now the dog who caught the car. Roe was always a shiny thing to campaign on (much like repealing Obamacare) but never something they actually wanted to do. — Angry Staffer 🌻 (@Angry_Staffer) May 3, 2022 This is why they leaked: "Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading...The court’s holding will not be final until it is published, likely in the next two months." (Politico) https://t.co/9k0JfLfYZd — Andrew Kolvet (@AndrewKsay) May 3, 2022 Probably the greatest violation of unwritten "norms" in the history of the Supreme Court. And I absolutely guarantee you the leaker spent years railing against President Trump's undermining of norms. https://t.co/XSa9LaGb66 — Josh Hammer (@josh_hammer) May 3, 2022 Interference in a Supreme Court decision is a blow to democracy - like, say, stopping an electoral vote The conspirators must be rounded up and arrested and placed next to the J6 detainees — Jack Posobiec 🇺🇸 (@JackPosobiec) May 3, 2022 and. here. we. go. pic.twitter.com/5I9Ngxiz3U — Siraj Hashmi (@SirajAHashmi) May 3, 2022
Supreme "Stench": How Politics Replaced Principle In The High Court https://jonathanturley.org/2022/05/05/supreme-stench-how-politics-replaced-p... Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. Jackson Women’s Health Organization. I previously discussed the “stench” raised by Justice Sotomayor and how it smelled like mendacity to blame her three new colleagues. Now that stench is overwhelming not only due to the intentional leaking of the opinion but the defense of the leaker by many in the press. The leaker is being called “brave” and a “hero” by many on the left. While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion. Here is the column: Supreme Court Justice Sonia Sotomayor surprised many court watchers in December during the oral argument in Dobbs v. Jackson Women’s Health Organization when she complained about the “stench” of politics pervading the case over abortion rights. The stench became overwhelming Monday night when Politico published a leaked copy of a working draft of the majority opinion in Dobbs. Chief Justice John Roberts verified the draft’s authenticity Tuesday and launched an investigation. The leak in the abortion case was a despicable act that shocked even the most cynical in Washington. The draft opinion, if left unchanged, would sweep away Roe v. Wade and decades of precedent. The draft’s author, Justice Samuel Alito, declares, “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” This draft and the alignment of justices can change. What will not change is that stench. The court has lost a type of institutional innocence in maintaining confidentiality through decades of hard-fought and heated legal disputes. Court was island of confidentiality Even in a city that floats on a rolling sea of leaks, the Supreme Court has long been an island of integrity and confidentiality. It was an inviolate rule that members and clerks do not leak either the deliberations or decisions of the court. Indeed, for those of us who have covered and written about the nation’s highest court for decades, we never thought this day would come. This was clearly a politically calculated act by someone who was willing to abandon every ethical and professional principle for a political cause. There is no obvious reason to leak other than to unleash outside pressure on the court and to try to push Congress to pass the Women’s Health Protection Act to codify Roe v. Wade. If that was the purpose, it seems quickly realized as figures like Sen. Bernie Sanders, I-Vt., used the leak to call for not just the passage of the federal law but for killing the filibuster as well: “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.” It is doubtful the leaker expected to coerce a change in votes on the court. It is certainly true that a tentative opinion can change dramatically over the countless drafts sent between chambers. It is common for majority opinions to become dissents or to fracture in a plurality decision as justices work through the issues. However, this leak makes such second thoughts less likely, not more. According to Politico’s reporting, Alito was initially joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Any change in the vote would now leave the impression that the court could be manipulated through outside pressure. Indeed, if Roberts was on the fence, this leak, if anything, might push him back toward the right of the court. Faced with such a raw political act, justices are more likely to dig in than abandon their initial votes. This leak was a move directed at Congress and the midterm elections. In some ways, that makes it even worse. Politics is the forbidden fruit of judicial ethics. Yet it is a temptation that has been resisted through the years despite the Supreme Court being located across the street from Congress in the middle of a city where politics is the primary industry. Injection of politics Sotomayor’s complaint of the “stench” of politics in December was viewed by some of us as a departure from the decorum of the court. She was referring to how the three new members were widely viewed as having been nominated to reverse Roe and other cases by sheer force of numbers. It was itself the injection of politics into the deliberations. Before the argument, Sotomayor shocked many in calling upon students to campaign against abortion laws in anticipation of pending abortion cases before the court. She declared in October, “You know, I can’t change Texas’ law, but you can and everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don’t like.” It now appears that someone with access to internal deliberations of the court decided to find a way to be an instrument of change in a way that will leave a stench for many years to come. Few of us believe that any of the justices would countenance such an unethical act. The investigation instead will focus on the judicial clerks and staff of the court – an investigation that will shatter the court’s collegial and sheltered culture. One thing is now certain. The court will never be the same. There is a loss of innocence in all of this, a realization that the court is no longer immune from politics. It is a moment like the one described by physicist J. Robert Oppenheimer at the realization of the atomic bomb: “In some sort of crude sense which no vulgarity, no humor, no overstatement can quite extinguish, (we) have known sin; and this is a knowledge which (we) cannot lose.”
Democrats inciting more "mostly peaceful" violence, escalate by doxxing, stalking, proposing to murder judges, harassing churches, etc... https://nypost.com/2022/05/06/abortion-protests-biden-wont-condemn-at-doxxed... https://teaparty.org/ruth-sent-us-leftists-finally-cross-the-threshold-show-... https://timcast.com/news/a-pro-abortion-group-is-planning-to-disrupt-catholi... https://www.ruthsent.us/ Funny how the retarded Left fails to consider that their political opponents will just roll out the same Assassination Politics game against them in turn... https://twitter.com/JackPosobiec/status/1522230135562326016 https://nitter.eu/pic/media%2FFSAMPZmWYAEe9_H.jpg " @simongwynn - Interesting real life trolley problem in America now. If you had the chance to kill Clarence Thomas and Samuel Alito, the two oldest right wing Supreme Court judges, should you do it while Biden can get his nominees to replace them confirmed? - It's interesting as an abstract question but becomes a real conundrum if, say, you're terminally ill and have little to lose yourself, but know that it could save many women's lives in the future. - I've removed my recent two tweets about the US Supreme Court as on reflection they're obviously pretty irresponsible, though I don't think they would be against Twitter's TOS. FYI I don't endorse murdering anyone, but don't think there's anything wrong with thought experiments. Twitter is not often a good place for them, however. "
Catalogue of the Choice, Curious, and Valuable Library of the late George Nassau Esq, which will be sold by auction, by Mr. Evans, at his house, No. 93, Pall-Mall, on Monday March 8, and Seven following days, Sunday excepted, 1824. Part the second, second day's sale, quarto: Page 17 Item 357: The Murderous Midwife with her Roasted Punishment: Being a true and full Relation of a Midwife that was put into an Iron Cage with sixteen Wild Cats, and so Roasted to Death, by hanging over a Fire, for having found in her House of Office no less than Sixty two Children, at Paris, 1673. About the particularly brutal manner in which a French midwife was put to death on 28 May 1673 in Paris. No fewer than 62 infant skeletons were found buried on her premises, and she was condemned on multiple accounts of abortion / infanticide... A gibbet was erected, under which a fire was made, and the prisoner being brought to the place of execution, was hung up in a large iron cage, in which were also placed sixteen wild cats, which had been catched in the woods for the purpose. When the heat of the fire became too great to be endured with patience, the cats flew upon the woman, as the cause of the intense pain they felt. In about fifteen minutes they had pulled out her entrails, though she continued yet alive, and sensible, imploring, as the greatest favour, an immediate death from the hands of some charitable spectator. No one however dared to afford her the least assistance; and she continued in this wretched situation for the space of thirty-five minutes, and then expired in unspeakable torture. At the time of her death, twelve of the cats were expired, and the other four were all dead in less than two minutes afterwards. The English commentator adds his own view on the matter: However cruel this execution may appear with regard to the poor animals, it certainly cannot be thought too severe a punishment for such a monster of iniquity, as could calmly proceed in acquiring a fortune by the deliberate murder of such numbers of unoffending, harmless innocents. And if a method of executing murderers, in a manner somewhat similar to this was adapted in England, perhaps the horrid crime of murder might not so frequently disgrace the annals of the present times.
https://jonathanturley.org/2022/05/10/insurrection-or-advocacy-chicago-mayor... Actual Insurrection: Leftist Dyke Chicago Mayor Urges 'Call To Arms' Over Supreme Court "Not satisfied with the murders just in her own city, Mayor Lightfoot calls for more violence across the country." Goldfish face here wants a civil war. — John 1776 Cardillo (@johncardillo)
"Not satisfied with the murders just in her own city, Mayor Lightfoot calls for more violence across the country."
Pro-Life Organization Fire-Bombed With Molotov Cocktail Justices moved There are fears that social instability might erupt in metro areas upon the Supreme Court announcement if Roe v. Wade is overturned. The Biden administration has yet to denounce the disgraceful leak and targeted protests of justices. One justice had to go in hiding on Monday... Justice Alito and his family have now reportedly been moved to an undisclosed location. The image of a justice and his family in hiding captures the collapse of our values as a nation. https://t.co/lX05LUkyMp — Jonathan Turley (@JonathanTurley) May 9, 2022 As Jonathan Turley concluded earlier, all three branches, having to be protected from enraged citizens on the left or the right. Schumer’s 2020 pledge that justices would “pay the price” has been realized as they and their families are now bunkered in their homes. Despite the shocking image of a court system under attack, President Biden has not mustered the courage to dissuade these protesters. He appears to be following the lead of French revolutionary Abbe Sieyes, who watched as his 1789-99 revolution spun out of control; asked what he had done during “the Terror,” he replied: “I survived.” President Biden is now in survival mode, too. It seems he does not lack decency, just the courage to defend it.
Supreme "Stench": How Politics Replaced Principle In The High Court https://jonathanturley.org/2022/05/05/supreme-stench-how-politics-replaced-p... Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. Jackson Women’s Health Organization. I previously discussed the “stench” raised by Justice Sotomayor and how it smelled like mendacity to blame her three new colleagues. Now that stench is overwhelming not only due to the intentional leaking of the opinion but the defense of the leaker by many in the press. The leaker is being called “brave” and a “hero” by many on the left. While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion. Here is the column: Supreme Court Justice Sonia Sotomayor surprised many court watchers in December during the oral argument in Dobbs v. Jackson Women’s Health Organization when she complained about the “stench” of politics pervading the case over abortion rights. The stench became overwhelming Monday night when Politico published a leaked copy of a working draft of the majority opinion in Dobbs. Chief Justice John Roberts verified the draft’s authenticity Tuesday and launched an investigation. The leak in the abortion case was a despicable act that shocked even the most cynical in Washington. The draft opinion, if left unchanged, would sweep away Roe v. Wade and decades of precedent. The draft’s author, Justice Samuel Alito, declares, “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” This draft and the alignment of justices can change. What will not change is that stench. The court has lost a type of institutional innocence in maintaining confidentiality through decades of hard-fought and heated legal disputes. Court was island of confidentiality Even in a city that floats on a rolling sea of leaks, the Supreme Court has long been an island of integrity and confidentiality. It was an inviolate rule that members and clerks do not leak either the deliberations or decisions of the court. Indeed, for those of us who have covered and written about the nation’s highest court for decades, we never thought this day would come. This was clearly a politically calculated act by someone who was willing to abandon every ethical and professional principle for a political cause. There is no obvious reason to leak other than to unleash outside pressure on the court and to try to push Congress to pass the Women’s Health Protection Act to codify Roe v. Wade. If that was the purpose, it seems quickly realized as figures like Sen. Bernie Sanders, I-Vt., used the leak to call for not just the passage of the federal law but for killing the filibuster as well: “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.” It is doubtful the leaker expected to coerce a change in votes on the court. It is certainly true that a tentative opinion can change dramatically over the countless drafts sent between chambers. It is common for majority opinions to become dissents or to fracture in a plurality decision as justices work through the issues. However, this leak makes such second thoughts less likely, not more. According to Politico’s reporting, Alito was initially joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Any change in the vote would now leave the impression that the court could be manipulated through outside pressure. Indeed, if Roberts was on the fence, this leak, if anything, might push him back toward the right of the court. Faced with such a raw political act, justices are more likely to dig in than abandon their initial votes. This leak was a move directed at Congress and the midterm elections. In some ways, that makes it even worse. Politics is the forbidden fruit of judicial ethics. Yet it is a temptation that has been resisted through the years despite the Supreme Court being located across the street from Congress in the middle of a city where politics is the primary industry. Injection of politics Sotomayor’s complaint of the “stench” of politics in December was viewed by some of us as a departure from the decorum of the court. She was referring to how the three new members were widely viewed as having been nominated to reverse Roe and other cases by sheer force of numbers. It was itself the injection of politics into the deliberations. Before the argument, Sotomayor shocked many in calling upon students to campaign against abortion laws in anticipation of pending abortion cases before the court. She declared in October, “You know, I can’t change Texas’ law, but you can and everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don’t like.” It now appears that someone with access to internal deliberations of the court decided to find a way to be an instrument of change in a way that will leave a stench for many years to come. Few of us believe that any of the justices would countenance such an unethical act. The investigation instead will focus on the judicial clerks and staff of the court – an investigation that will shatter the court’s collegial and sheltered culture. One thing is now certain. The court will never be the same. There is a loss of innocence in all of this, a realization that the court is no longer immune from politics. It is a moment like the one described by physicist J. Robert Oppenheimer at the realization of the atomic bomb: “In some sort of crude sense which no vulgarity, no humor, no overstatement can quite extinguish, (we) have known sin; and this is a knowledge which (we) cannot lose.”
Adam Schiff: "I Don't Care How The Draft Leaked" https://summit.news/2022/05/05/adam-schiff-i-dont-care-how-the-draft-leaked/ https://www.breitbart.com/politics/2022/05/04/adam-schiff-downplays-scotus-b... https://twitter.com/willchamberlain/status/1521685968939630592 House Intelligence Committee Chairman Adam Schiff asserted, “I don’t care how the draft leaked” in response to the Roe v Wade decision leak, despite it representing an unprecedented breach in Supreme Court history. “I don’t care how the draft leaked. That’s a sideshow,” tweeted Schiff. “What I care about is that a small number of conservative justices, who lied about their plans to the Senate, intend to deprive millions of women of reproductive care. Codifying Roe isn’t enough. We must expand the court,” he added. As Breitbart reports, Schiff’s response is similar to how he attempted to protect the identity of the leaker of President Donald Trump’s classified call with the Ukrainian president. “Schiff, during Trump’s impeachment hearings, sought to interfere with Republicans’ questioning when it came to the identity of the leaker,” writes Kristina Wong. Speculation is rife as to the identity of the leaker, with some commentators calling for them to be arrested. The only people with access to the original document were the nine justices and their 36 law clerks, meaning it’s almost certain that one of the 36 law clerks leaked the document. When you consider that each justice has four clerks working for them, that probably narrows it down to one of 16 clerks working for the four Democrat-appointed justices. Conservative commentator Will Chamberlain was pilloried by the media for suggesting that the individual is almost certainly Elizabeth Deutsch, who is currently a law clerk for Justice Breyer. “I certainly think someone who has spent much of their academic and professional life fighting to expand the right to get an abortion could be desperate enough to do so,” tweeted Chamberlain. Meet Elizabeth Deutsch. She's currently a law clerk for Justice Breyer. And, in my humble opinion, she's the most likely person to have leaked the draft Supreme Court opinion in Dobbs, purporting to overturn Roe v. Wade. 🧵 pic.twitter.com/V8mfc5hG2I — Will Chamberlain (@willchamberlain) May 4, 2022
No, Justices Did Not Commit Perjury In Their Confirmation Hearings When Asked About Roe https://jonathanturley.org/2022/05/04/no-conservative-justices-did-not-commi... The response to the leaked draft opinion overturning Roe v. Wade has unleashed a torrent of outrage on the left. While many are calling for marches and sweeping new legislation, some are focused on calling out the justices in the majority for alleged “perjury” or “lying” in their confirmation hearings, particularly Justices Samuel Alito, Brett Kavanaugh, and Neil Gorsuch. In reality, they did not lie in testimony in referencing Roe as established precedent. The suggestion of perjury is utter nonsense. In the draft opinion written by Justice Alito declares “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Sen. Susan Collins (R., Me.) publicly decried what she claimed were false or misleading answers on Roe by Justices Alito and Kavanaugh. No less a legal figure as Stephen Colbert declared “They knew, that if they were honest, they wouldn’t get the job. So they lied, which I think is perjury. But what do I know? I’m no Supreme Court justice, I’m not a good enough liar.” In recent hearings, some of us have criticized Democratic members in demanding assurances on how nominees would vote on particular cases or issues. However, both Democratic and Republican nominees have largely stuck to rote responses on Roe and other cases to refuse to make such commitment. As Justice Ruth Bader Ginsburg famously insisted, there would be “no forecasts, no hints.” The problem is that politicians often display a type of selective auditory attention problem: they hear what they want to hear. Indeed, confirmation hearings are highly choreographed on both sides. Each senator seeks to secure a thirty-second clip showing that he or she secured assurances or trashed a nominee. For pro-choice senators like Sen. Collins, it is essential to have some answer that would support a claim that, despite seemingly antagonistic judicial philosophical views, a nominee would not likely overturn Roe v. Wade and Planned Parenthood v. Casey. Notably, however, these same senators have supported the Ginsburg Rule, which is customarily cited to refuse to make promises or predictions on votes. Indeed, I have long been a critic of the rule because it is used to refuse to even discuss judicial philosophy. So nominees now just restate elementary points of judging without saying anything of substance. Most of those crying “perjury” do not cite the specific perjurious language. Take Alito. Many of us said when Alito was nominated that he was presumptively opposed to the logic of Roe. After all, in 1985, Alto wrote as a Justice Department lawyer that the Constitution does not contain a right protecting abortions. However, appearances had to be observed. The late Sen. Arlen Specter (R., Pa.), asked him if he agreed with that statement today and Alito responded in classic confirmation nonspeak. He first repeated the facts (by noting that he was a Justice Department attorney at the time) and then went rote: “Today if the issue were to come before me. The first question would be the question that we’ve been discussing and that’s the issue of stare decisis. And if the analysis were to get beyond that point, I would approach that question with an open mind.” That says absolutely nothing but how every jurist approaches case precedent. You begin with the touchstone of stare decisis and the preference for preserving precedent. You then approach the countervailing question with “an open mind.” When Sen. Dick Durbin (D., IL.) pressed him on whether Roe is “settled law,” Alito responded again by stating the obvious: Roe v. Wade is an important precedent of the Supreme Court. It was decided in 1973. So, it’s been on the books for a long time. It has been challenged in a number of occasions. And I discussed those yesterday. And the Supreme Court has reaffirmed the decision–sometimes on the merits; sometimes, in Casey, based on stare decisis. And I believe when a decision is challenged and it is reaffirmed, that strengthens its value as stare decisis. For at least two reasons… That again says nothing. Indeed, it was decided in 1973 and that is a long time ago. Plessy v. Ferguson was on the books for 58 years before it was overturned in 1958. It was also supported by stare decisis but it did not matter. He never pledged to preserve Roe. Even if he did, he never promised that he would never change his mind on such cases. Then came Gorsuch. I testified in the Gorsuch hearing and he was widely viewed as a Roe skeptic. After all, he wrote a book that declared the “the intentional taking of human life by private persons is always wrong.” When asked about that statement in the context of Roe, Gorsuch responded: “Senator, as the book explains, the Supreme Court of the United States has held in Roe v. Wade that a fetus is not a person for purposes of the Fourteenth Amendment.” When Durbin asked if he accepted that, Gorsuch stated another truism: “That’s the law of the land. I accept the law of the land, senator, yes.” In other words, he accepted that Roe is the established precedent. That is about as earthshaking as saying he accepts that the Supreme Court sits in Washington. Likewise, then-senator Al Franken asked if Gorsuch he viewed Roe as “settled law.” Again, that is like asking for the location of the Supreme Court. Gorsuch declared “It is absolutely settled law.” Then came Kavanaugh. Kavanaugh also stated the obvious in calling Roe “important precedent” and noting that the Court strives to preserve precedent. When pressed by Sen. Dianne Feinstein (D., Cal.), he again said that such cases are “entitled the respect under principles of stare decisis” and “one of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood v. Casey in 1992.” Kavanaugh succeeded in repeating nothing but verbal nullities. The one exception to this pattern of confirmation nonspeak was Barrett. At the time, I wrote that Barrett was refreshingly and surprisingly honest about her judicial philosophy and approach to Roe. She specifically rejected the claim that Roe constitutes “super precedent.” Barrett said that this term “define[s] cases that are so well settled that no political actors and no people seriously push for their overruling. And I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in that category.” (Notably, Judge Ketanji Brown Jackson took the same position against Roe as super precedent.). What is most striking about these claims that the justices lied is that most of these critics insisted during their confirmations that they were clearly antagonistic toward Roe. Nothing that they said changed any minds on their judicial philosophy as hostile to the logic of Roe. Notably, liberal nominees have used the same language about cases like District of Columbia v. Heller, supporting gun rights. They acknowledge that it is a settled precedent but that does not guarantee that they will vote to preserve it. Indeed, they have voted to limit or overturn past cases with which they disagree. No one called for perjury prosecutions or denounced them as liars. None of this is likely to matter in the echo-chambered news today, particularly with the approaching midterm elections. That is why Bismarck warned that “people never lie so much as after a hunt, during a war or before an election.”
Biden switched sides, Voted Against Roe Vs Wade https://summit.news/2022/05/04/watch-tucker-carlson-reminds-america-that-its... Fox News host Tucker Carlson noted Tuesday that Joe Biden voted against Roe vs Wade when he was a Senator, favouring making it a State issue, rather than a decision that should be made by the Supreme Court. Carlson told viewers that “Joe Biden has always supported legal abortion, but nine years after the Roe decision was handed down, he was still willing to admit it was indefensible as a legal decision.” The host continued, “Pregnant women, Biden explained in 1982 as a member of the Senate Judiciary Committee, should not have “the sole right to say what should happen” to their unborn children, because, after all, no one creates children alone. It takes two people. That’s obvious.” “In fact, Biden concluded Roe had gone ‘too far.’ And of course, it had gone too far. That was obvious then. It’s obvious now. Then, as now, many Americans believe that abortion is murder. Many other Americans consider abortion a prerequisite to happiness,” Carlson further noted. During the monologue, Carlson called Roe vs Wade “the most embarrassing court decision handed down in the last century,” but noted that the leak of the draft opinion written by conservative Justice Samuel Alito was dangerous and that “people could get hurt”. Carlson suggested that the leak was an intentional attempt to pressure conservative justices not to go through with overturning the ruling. Watch: Meanwhile, what did Joe say in 2012? Recent polls have revealed that almost half of Americans believe that states should decide for themselves on the issue of abortion, with many of the opinion that terminations should be capped at 15 weeks. In a Marist poll, 44% of people said it should be down to individual states to decide, while 48% said they would support the same law to apply after 15 weeks of pregnancy. A Wall Street Journal poll also found 42% would support a ban on abortion after 6 weeks, while 48% supported a ban after 15 weeks. A Gallup poll also found that 48% believe abortion should only be legal under certain circumstances.
Violent left... "When The Mob Is Right": Georgetown Law Prof Supports "Aggressive" Protests At Homes Of Justices https://jonathanturley.org/2022/05/11/the-mob-is-right-georgetown-law-profes... Georgetown Law Professor Josh Chafetz is under fire this week after going to Twitter to defend “aggressive” protests at the homes of Supreme Court justices. Chafetz explained that such mob action should be permissible when “the mob is right.” For many who have watched the rise of threats and intolerance on our campuses, Chafetz’s comments capture the culture of many on the left. While many were taken aback by a professor seemingly supporting mob action, it is the same “by any means necessary” justification that has been used to justify everything from packing to sacking to leaking on the Court. While I have opposed arresting the protesters on free speech grounds, I have been an outspoken critic of the doxing and targeting of justices at their homes. Chafetz tweeted May 8 that “The ‘protest at the Supreme Court, not at the justices’ houses’ line would be more persuasive if the Court hadn’t this week erected fencing to prevent protesters from coming anywhere near it…And before the ‘oh so you support J6 lmao!’ trolls show up: the difference is *substantive*. When the mob is right, some (but not all!) more aggressive tactics are justified. When not, not.” No line captures the academics supporting this age of rage better than “when the mob is right, some (but not all!) more aggressive tactics are justified. When not, not.” Presumably, Chafetz will tell us when aggressive protests are warranted and when they are not. It is the same license supporting the censorship of social media. We have seen similar claims of license for what Nancy Pelosi called this week “righteous anger” and Mayor Lori Lightfoot called a “call to arms.” Rage can rationalize any means of response. Elie Mystal, who writes for Above the Law and is The Nation’s justice correspondent, for example, Mystal declared on MSNBC, without any contradiction from the host, that “You don’t communicate to [Trump supporters], you beat them. You do not negotiate with these people, you destroy them.” Many have noted that Professor Ilya Shapiro remains suspended for a poorly worded tweet that he posted objecting to President Biden pledging to only consider Black female candidates for the next vacancy on the Court. However, Chafetz mocked the very thought that he could be punished for tweet supporting liberal mob action. He tweeted out: “Folks can snitch tag @GeorgetownLaw all they want (I’m so sorry, public affairs folks!), they’re not going to fire me over a tweet you don’t like.” (According to news reports, Chafetz limited access to his account after that tweet). That is very likely correct under the very logic explained by Chafetz. Reckless and even violent rhetoric is tolerated when the targets are conservatives or Republicans in academia. A conservative, libertarian, or even moderate faculty member would make no such assumption today. The common view is that any controversy involving conservative or libertarian or contrarian viewpoints will result in calls for suspension and termination. With comparably few such faculty members teaching on most faculties, the chilling effect is glacial. The concern over consistent and uniform treatment of speech is long-standing on campuses. In past postings, I have defended faculty who have made an array of disturbing comments about “detonating white people,” denouncing police, calling for Republicans to suffer, strangling police officers, celebrating the death of conservatives, calling for the killing of Trump supporters, supporting the murder of conservative protesters and other outrageous statements. I also supported the free speech rights of University of Rhode Island professor Erik Loomis, who defended the murder of a conservative protester and said that he saw “nothing wrong” with such acts of violence. Even when faculty engage in hateful acts on campus, however, there is a notable difference in how universities respond depending on the viewpoint. At the University of California campus, professors actually rallied around a professor who physically assaulted pro-life advocates and tore down their display. We also previously discussed the case of Fresno State University Public Health Professor Dr. Gregory Thatcher who recruited students to destroy pro-life messages written on the sidewalks and wrongly told the pro-life students that they had no free speech rights in the matter. In all of these controversies, my natural default is in favor of free speech despite the offensive content of the statements. I have the same inclination in this controversy. Chafetz should not be sanctioned for his tweet any more than Shapiro. There has been rising viewpoint intolerance at Georgetown, including retaliatory measures against not just faculty but student writers. For an academic to support the targeting of jurists and their families at their homes should be shocking but it is not. It is manifestation of our national rage addiction. Academics are not immune. Indeed, they can be rationalize and capitalize on such rage. The means of the mob are justified when “the mob is right” … and many in academia and in politics are eager to embrace the “righteous anger” of the mob.
"An Anti-Majoritarian Check" - Exposing The Radical Fallacies Of SCOTUS Hyperbole https://greenwald.substack.com/p/the-irrational-misguided-discourse https://www.oyez.org/cases/2021/19-1392 https://usa.usembassy.de/etexts/democrac/7.htm https://www.oyez.org/cases/1789-1850/5us137 Politico on Monday night published what certainly appears to be a genuine draft decision by Supreme Court Justice Samuel Alito that would overturn the Court's 1973 decision in Roe v. Wade. Alito's draft ruling would decide the pending case of Dobbs v. Jackson Women's Health Organization, which concerns the constitutionality of a 2018 Mississippi law that bans abortions after fifteen weeks of pregnancy except in the case of medical emergency or severe fetal abnormalities. Given existing Supreme Court precedent that abortion can only be restricted after fetal viability, Mississippi's ban on abortions after the 15th week — at a point when the fetus is not yet deemed viable — is constitutionally dubious. To uphold Mississippi's law — as six of the nine Justices reportedly wish to do — the Court must either find that the law is consistent with existing abortion precedent, or acknowledge that it conflicts with existing precedent and then overrule that precedent on the ground that it was wrongly decided. Protesters gather outside the U.S. Supreme Court on May 03, 2022, in Washington, DC, after a leaked initial draft majority opinion obtained by Politico, in which Supreme Court Justice Samuel Alito allegedly wrote for the Court's majority that Roe v. Wade should be overturned (Photo by Anna Moneymaker/Getty Images) Alito's draft is written as a majority opinion, suggesting that at least five of the Court's justices — a majority — voted after oral argument in Dobbs to overrule Roe on the ground that it was “egregiously wrong from the start” and “deeply damaging.” In an extremely rare event for the Court, an unknown person with unknown motives leaked the draft opinion to Politico, which justifiably published it. A subsequent leak to CNN on Monday night claimed that the five justices in favor of overruling Roe were Bush 43 appointee Alito, Bush 41 appointee Clarence Thomas, and three Trump appointees (Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett), while Chief Justice Roberts, appointed by Bush 43, is prepared to uphold the constitutionality of Mississippi's abortion law without overruling Roe. Draft rulings and even justices’ votes sometimes change in the period between the initial vote after oral argument and the issuance of the final decision. Depending on whom you choose to believe, this leak is either the work of a liberal justice or clerk designed to engender political pressure on the justices so that at least one abandons their intention to overrule Roe, or it came from a conservative justice or clerk, designed to make it very difficult for one of the justices in the majority to switch sides. Whatever the leaker's motives, a decision to overrule this 49-year-old precedent, one of the most controversial in the Court's history, would be one of the most significant judicial decisions issued in decades. The reaction to this leak — like the reaction to the initial ruling in Roe back in 1973 — was intense and strident, and will likely only escalate once the ruling is formally issued. Every time there is a controversy regarding a Supreme Court ruling, the same set of radical fallacies emerges regarding the role of the Court, the Constitution and how the American republic is designed to function. Each time the Court invalidates a democratically elected law on the ground that it violates a constitutional guarantee — as happened in Roe — those who favor the invalidated law proclaim that something “undemocratic” has transpired, that it is a form of “judicial tyranny” for “five unelected judges” to overturn the will of the majority. Conversely, when the Court refuses to invalidate a democratically elected law, those who regard that law as pernicious, as an attack on fundamental rights, accuse the Court of failing to protect vulnerable individuals. This by-now-reflexive discourse about the Supreme Court ignores its core function. Like the U.S. Constitution itself, the Court is designed to be an anti-majoritarian check against the excesses of majoritarian sentiment. The Founders wanted to establish a democracy that empowered majorities of citizens to choose their leaders, but also feared that majorities would be inclined to coalesce around unjust laws that would deprive basic rights, and thus sought to impose limits on the power of majorities as well. The Federalist Papers are full of discussions about the dangers of majoritarian excesses. The most famous of those is James Madison's Federalist 10, where he warns of "factions…who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” One of the primary concerns in designing the new American republic, if not the chief concern, was how to balance the need to establish rule by the majority (democracy) with the equally compelling need to restrain majorities from veering into impassioned, self-interested attacks on the rights of minorities (republican government). As Madison put it: “To secure the public good, and private rights, against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our enquiries are directed.” Indeed, the key difference between a pure democracy and a republic is that the rights of the majority are unrestricted in the former, but are limited in the latter. The point of the Constitution, and ultimately the Supreme Court, was to establish a republic, not a pure democracy, that would place limits on the power of majorities. Thus, the purpose of the Bill of Rights is fundamentally anti-democratic and anti-majoritarian. It bars majorities from enacting laws that infringe on the fundamental rights of minorities. Thus, in the U.S., it does not matter if 80% or 90% of Americans support a law to restrict free speech, or ban the free exercise of a particular religion, or imprison someone without due process, or subject a particularly despised criminal to cruel and unusual punishment. Such laws can never be validly enacted. The Constitution deprives the majority of the power to engage in such acts regardless of how popular they might be. And at least since the 1803 ruling in Madison v. Marbury which established the Supreme Court's power of "judicial review” — i.e., to strike down laws supported by majorities and enacted democratically if such laws violate the rights guaranteed by the Constitution — the Supreme Court itself is intended to uphold similarly anti-majoritarian and anti-democratic values. When the Court strikes down a law that majorities support, it may be a form of judicial tyranny if the invalidated law does not violate any actual rights enshrined in the Constitution. But the mere judicial act of invalidating a law supported by a majority of citizens — though frequently condemned as “undemocratic" — is, in fact, a fulfillment of one of the Court's prime functions in a republic. Unless one believes that the will of the majority should always prevail — that laws restricting or abolishing free speech, due process and the free exercise of religion should be permitted as long as enough citizens support it — then one must favor the Supreme Court's anti-democratic and anti-majoritarian powers. Rights can be violated by a small handful of tyrants, but they can also be violated by hateful and unhinged majorities. The Founders’ fear of majoritarian tyranny is why the U.S. was created as a republic rather than a pure democracy. Whether the Court is acting properly or despotically when it strikes down a democratically elected law, or otherwise acts contrary to the will of the majority, depends upon only one question: whether the law in question violates a right guaranteed by the Constitution. A meaningful assessment of the Court's decisions is impossible without reference to that question. Yet each time the Court acts in a controversial case, judgments are applied without any consideration of that core question. The reaction to Monday night's news that the Court intends to overrule Roe was immediately driven by all of these common fallacies. It was bizarre to watch liberals accuse the Court of acting “undemocratically" as they denounced the ability of "five unelected aristocrats” — in the words of Vox's Ian Millhiser — to decide the question of abortion rights. Who do they think decided Roe in the first place? Indeed, Millhiser's argument here — unelected Supreme Court Justices have no business mucking around in abortion rights — is supremely ironic given that it was unelected judges who issued Roe back in 1973, in the process striking down numerous democratically elected laws. Worse, this rhetoric perfectly echoes the arguments which opponents of Roe have made for decades: namely, it is the democratic process, not unelected judges, which should determine what, if any, limits will be placed on the legal ability to provide or obtain an abortion. Indeed, Roe was the classic expression of the above-described anti-majoritarian and anti-democratic values: seven unelected men (for those who believe such demographic attributes matter) struck down laws that had been supported by majorities and enacted by many states which heavily restricted or outright banned abortion procedures. The sole purpose of Roe was to deny citizens the right to enact the anti-abortion laws, no matter how much popular support they commanded. This extreme confusion embedded in heated debates over the Supreme Court was perhaps most vividly illustrated last night by Waleed Shahid, the popular left-wing activist, current spokesman for the left-wing group Justice Democrats, and previously a top aide and advisor to Squad members including Rep. Alexandria Ocasio-Cortez. Shahid — who, needless to say, supports Roe — posted a quote from Abraham Lincoln's first inaugural address, in 1861, which Shahid evidently believes supports his view that Roe must be upheld. But the quote from Lincoln — warning that the Court must not become the primary institution that decides controversial political questions — does not support Roe at all; indeed, Lincoln's argument is the one most often cited in favor of overruling Roe. In fact, Lincoln's argument is the primary one on which Alito relied in the draft opinion to justify overruling Roe: namely, that democracy will be imperiled, and the people will cease to be their own rulers, if the Supreme Court, rather than the legislative branches, ends up deciding hot-button political questions such as abortion about which the Constitution is silent. Here's the version of the Lincoln pro-democracy quote, complete with bolded words, that Shahid posted, apparently in the belief that it somehow supports upholding Roe: It is just inexplicable to cite this Lincoln quote as a defense of Roe. Just look at what Lincoln said: “if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, [then] the people will have ceased to be their own rulers.” That is exactly the argument that has been made by pro-life activists for years against Roe, and it perfectly tracks Alito's primary view as defended in his draft opinion. Alito's decision, if it becomes the Court's ruling, would not itself ban abortions. It would instead lift the judicial prohibition on the ability of states to enact laws restricting or banning abortions. In other words, it would take this highly controversial question of abortion and remove it from the Court's purview and restore it to federal and state legislatures to decide it. One cannot defend Roe by invoking the values of democracy or majoritarian will. Roe was the classic case of a Supreme Court ruling that denied the right of majorities to decide what laws should govern their lives and their society. One can defend Roe only by explicitly defending anti-majoritarian and anti-democratic values: namely, that the abortion question should be decided by a panel of unelected judges, not by the people or their elected representatives. The defense of democracy invoked by Lincoln, and championed by Shahid, can be used only to advocate that this abortion debate should be returned to the democratic processes, which is precisely what Alito argued (emphasis added): Abortion presents a profound moral issue on which Americans hold sharply conflicting views. Some believe fervently that a human person comes into being at conception and that abortion ends an innocent life. Others feel just as strongly that any regulation of abortion invades a woman's right to control her own body and prevents women from achieving full equality. Still others in a third group think that abortion should be allowed under some but not all circumstances, and those within this group hold a variety of views about the particular restrictions that should be imposed. For the first 185 years after the adoption of the Constitution, each State was permitted to address this issue in accordance with the views of its citizens. Then, in 1973, this Court decided Roe v. Wade….At the time of Roe, 30 States still prohibited abortion at all stages. In the years prior to that decision, about a third of the States had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire Nation, and it effectively struck down the abortion laws of every single State. As Justice Byron White aptly put it in his dissent, the decision Court represented the “exercise of raw judicial power,” 410 U. S., at 222…. Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences…..It is time to heed the Constitution and return the issue of abortion to the people's elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” Casey, 505 U.S. at 979 (Scalia, J, concurring in the judgment in part and dissenting in part). That is what tho Constitution and the rule of law demand. Rhetoric that heralds the values of democracy and warns of the tyranny of “unelected judges” and the like is not a rational or viable way to defend Roe. That abortion rights should be decided democratically rather than by a secret tribunal of "unelected men in robes" is and always has been the anti-Roe argument. The right of the people to decide, rather than judges, is the primary value which Alito repeatedly invokes in defending the overruling of Roe and once again empowering citizens, through their elected representatives, to make these decisions. The only way Roe can be defended is through an explicit appeal to the virtues of the anti-democratic and anti-majoritarian principles enshrined in the Constitution: namely, that because the Constitution guarantees the right to have an abortion (though a more generalized right of privacy), then majorities are stripped of the power to enact laws restricting it. Few people like to admit that their preferred views depend upon a denial of the rights of the majority to decide, or that their position is steeped in anti-democratic values. But there is and always has been a crucial role for such values in the proper functioning of the United States and especially the protection of minority rights. If you want to rant about the supremacy and sanctity of democracy and the evils of "unelected judges,” then you will necessarily end up on the side of Justice Alito and the other four justices who appear ready to overrule Roe. Anti-Roe judges are the ones who believe that abortion rights should be determined through majority will and the democratic process. Roe itself was the ultimate denial, the negation, of unrestrained democracy and majoritarian will. As in all cases, whether Roe's anti-democratic ruling was an affirmation of fundamental rights or a form of judicial tyranny depends solely on whether one believes that the Constitution bars the enactment of laws which restrict abortion or whether it is silent on that question. But as distasteful as it might be to some, the only way to defend Roe is to acknowledge that your view is that the will of the majority is irrelevant to this conflict, that elected representatives have no power to decide these questions, and that all debates about abortion must be entrusted solely to unelected judges to authoritatively decide them without regard to what majorities believe or want. For those interested, I've given numerous speeches over the years about the anti-majoritarian and anti-democratic values embedded in the Constitution and the Court, including this 2011 lecture at the University of Maryland, this 2012 speech at the University of Indiana/Purdue University, and this 2013 lecture at Yale Law School.
Supreme Court Demands Cellphone Records And Affidavits From Clerks In Leak Investigation https://jonathanturley.org/2022/05/31/supreme-court-reportedly-to-demand-cel... https://jonathanturley.org/2022/05/06/the-license-to-leak-how-years-of-attac... https://jonathanturley.org/2022/05/09/the-only-one-that-makes-sense-nprs-tot... The Supreme Court appears to be ratcheting up its investigation into the leaking of the draft opinion in Dobbs v. Jackson Women’s Health Organization. According to CNN, the Court is asking clerks to provide cell phone records and sign affidavits. Some of us have been surprised by Chief Justice John Roberts’ decision not to ask for assistance from the FBI, which is the world’s leading law enforcement agency on computer and forensic investigations. Yet, the affidavits may come with the most worrisome change for the leaker. Once signed, the leaker will reaffirm his or her potential criminal liability. The cellphone records raise obvious privacy concerns. Communications with Politico or intermediaries can be masked or concealed as casual or personal exchanges. An email entitled “Leaked Confidential Dobbs Draft” is not likely to exist. That means that any meaningful review would require a broader review, creating challenges in how to filter messages and emails. The affidavit may be a greater concern for the leaker. After all, the leaker may have wisely avoided using the cellphone or creating digital tracks. The affidavit is a sworn statement to federal investigators. If false, it would establish that a federal crime has been committed. Under 18 U.S.C. 1001, it is a federal crime to knowingly and willfully make a materially false, fictitious, or fraudulent statement in any matter within the jurisdiction of the executive, legislative, or judicial branch of the United States. That would mean that any doubt would be removed for the leaker. If he or she were to go public or be uncovered in the future, there would be a risk of not simply disbarment but criminal prosecution. The leaker may expect that they will be lionized for this effort in the media, though that is more likely if it was a liberal rather than a conservative leaker. This could frustrate such plans. Frankly, I am surprised that such affidavits were not required in the first week. Despite claims that the leaker is clearly coming from one side or the other, there are equally plausible theories for a leaker on the right or the left. What is clear is that this was a disgracefully unethical act that shattered the long traditions of the Court. The affidavits will make it more difficult for this individual to later try to capitalize on this wrongful act.
From a man in an Ichabod Crane beard spinning in delight and singing, We are dancing on the grave of Roe versus Wade!, to a couple of cops appearing to laugh at a sign reading IF PREGNANCY IS GOD’S WILL THEN SO IS ERECTILE DYSFUNCTION, to my personal favorite, Ford interviewing a weirdly impassive Guido Reichstadter by speakerphone as the
https://twitter.com/libsoftiktok Lamers Gonna Lame... "Dialogueless" Abortion Rights Protests Continue https://taibbi.substack.com/p/activism-uncensored-abortion-rights “Don’t give us that whole vote out fascism bullshit!” one masked protester yelled into a bullhorn. “Riots work!” In an example of the crisp verité journalism that’s becoming their trademark, Ford Fischer and his News2Share crew spend thirteen unsettling minutes capturing the range of street responses to the overturning of Roe v. Wade. protester stood spewing green smoke atop an arch of the Fredrick Douglass Memorial Bridge, News2Share captured all sides at their most profane, eccentric, and ecstatic. As a symbol of America’s dialogueless politics, the abortion issue is unparalleled. There is nothing to discuss, only invective and political combat. Democrats are taking abuse as traitors to both sides: symbols of Roe’s defenders to the pro-life crowd, but despised among Antifa types (who make an appearance here) as the party that won’t pack the court or institute a federal ban to protect it. “One consistent theme was dissatisfaction with Democratic lawmakers, and the system as a whole,” Ford deadpans. All that and more, from the best shooters of street political action in the business.
When Democrats Leftists Leftism and SocComLibs are so self-admittedly egregious that even they the Left have to CensorBan their own activities... Ruth Sent Us gets defiled by its own Twitter Mafia... Twitter Suspends Pro-Abortion Group Publicizing Justices’ Home Addresses https://www.theepochtimes.com/twitter-suspends-pro-abortion-group-publicizin... https://www.theepochtimes.com/man-arrested-near-home-of-supreme-court-justic... After two months of protests outside the homes of conservative justices, Twitter suspended on Thursday the activist group that had leaked their residential addresses. Protesters march past Supreme Court Justice Brett Kavanaugh's home in Chevy Chase, Maryland on June 8, 2022. (Nathan Howard/Getty Images) Ruth Sent Us, a pro-abortion group named after the late liberal Justice Ruth Bader Ginsburg, publicized in May a map containing the locations of the six GOP-appointed Supreme Court justice’s residences on its website, before inciting far-left activists to protest there. It was in the wake of a leaked draft majority opinion from the high court to overturn the landmark Roe v. Wade abortion decision, which had granted a federal right to abortion nationwide since 1973. “Our 6-3 extremist Supreme Court routinely issues rulings that hurt women, racial minorities, LGBTQ+ and immigrant rights,” the group claimed online at the time. “We must rise up to force accountability using a diversity of tactics.” Since then, leftist groups have targeted and walked by the homes of Justices John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Although Ruth Sent Us said it was “committed to non-violence,” many protesters yelled obscenities at justices and their families. The online publicity has already led to a would-be attacker being arrested for attempted murder near Kavanaugh’s house, who had brought a firearm and ammunition after finding the justice’s address online. Ruth Sent Us then highlighted on Twitter the daily routine of justices on the morning of June 8, including Barrett’s church and the school her children attend. “If you’re in the DC metro area, join us. Our protests at Barrett’s home moved the needle to this coverage,” the group said in a June post, which has since been deleted. “Falls Church is a People of Praise stronghold. She sends her seven kids to a People of Praise school that she sat on the Board of Directors for. She attends church DAILY,” the post reads. The group had also pushed for protestors via Twitter to disrupt Catholic masses on Mother’s Day. Twitter did not specify which post was the last straw that touched its red line, but such moves appeared to breach the platform’s official policy that prohibits doxxing. “You may not publish or post other people’s private information without their express authorization and permission. We also prohibit threatening to expose private information or incentivizing others to do so,” the rules state. Protesters march past Supreme Court Justice Brett Kavanaugh’s home in Chevy Chase, Maryland on June 8, 2022. (Nathan Howard/Getty Images) Conservative critics have questioned the fair enforcement of Twitter’s policy of banning those who purportedly incite violence. Former President Donald Trump was permanently banned from the platform two days after the Jan. 6 Capitol breach for arguing the 2020 election was not legitimate. When the Supreme Court handed down the reversal of Roe v. Wade at the end of June, Ruth Sent Us reposted a map on its website listing the justices’ home addresses, suggesting a new round of onsite demonstrations. Although Facebook banned the group from its platform soon after the reversal, their new account still functioned as recently as this week. “We’re starting fresh here, but we’re on week 10 of sustained protests at the Justices homes, and we’re growing and adapting. Please share widely!” the group stated via its new page on Monday.
Leftists, aka AOC the Gala Investigated's "Tax The Rich" type squad, also behind Illegal Leaks of Business Magnates Tax Returns Theft Extortion Robbery are Crimes, thus "Tax" is a Crime. Ken Griffin Sues IRS Over Leaked Returns, Says Employees 'Deliberately Stole' Confidential Data https://www.cnbc.com/2022/12/13/billionaire-ken-griffin-sues-irs-over-tax-di... https://www.propublica.org/article/the-secret-irs-files-trove-of-never-befor... Billionaire hedge fund owner Ken Griffin has sued the IRS and the Treasury Department after his tax information was 'unlawfully disclosed' as part of a 2021 leak published in ProPublica. In a Tuesday complaint filed in the Southern District of Florida, the Citadel founder and CEO accused the IRS of violating its "legal obligations to safeguard and protect his information from unauthorized disclosure," and for willfully and intentionally failing to "establish appropriate administrative, technical or physical safeguards" to prevent such a leak, CNBC reports. In its report, ProPublica - the recipient of the leaked data, revealed how top billionaires such as Elon Musk and Carl Ichan have been able to avoid paying federal taxes in certain years. The outlet said it the information was obtained via an anonymous source. Griffin reported an average income of $1.7 billion between 2013 and 2018, according to the report. One ProPublica article focused on Griffin’s opposition to an Illinois ballot measure – which he spent $54 million to oppose – which would have increased his state tax bill by over $50 million a year. Griffin was not listed as one of the billionaires who paid zero or low tax rates in any one year, and, in fact, the ProPublica tax information showed Griffin pays a higher effective tax rate than many top earners. It also showed he was the second-largest American taxpayer between 2013 and 2018. -CNBC According to the lawsuit, Griffin is "proud of his success and has always sought to pay his fair share of taxes," but that after 2019, "IRS personnel exploited the IRS’s willful failure to establish adequate administrative, technical, and physical safeguards for the IRS’s data and records systems to misappropriate confidential tax return information for the highest earning U.S. taxpayers, including Mr. Griffin, and then unlawfully disclosed those materials to ProPublica for publication." The IRS inspector general and the DOJ have been investigating the leaks, but have yet to file charges. Republicans, meanwhile, say they're frustrated by a lack of progress. In October, GOP members of the House Ways and Means Committee sent a letter to Treasury Secretary Janet Yellen which insisted that "the American people remain in the dark about who was responsible and how the Treasury Department allowed this to happen." Conservatives have also highlighted the leak in their opposition to the Biden administration's $80 billion in additional funding, which was passed this summer. Griffin notably spent $60 million during the midterm elections, becoming the second-largest donor to Republicans. "IRS employees deliberately stole the confidential tax returns of several hundred successful American business leaders," Griffin said in a statement. "It is unacceptable that government officials have failed to thoroughly investigate this unlawful theft of confidential and personal information. Americans expect our government to uphold the laws of our nation when it comes to our private and personal information – whether it be tax returns or health care records."
"Should Not Live In Fear" - Chief Justice Roberts Year-End Message Focuses On Judges' Security https://www.theepochtimes.com/end-of-year-report-by-chief-justice-roberts-sa... https://www.supremecourt.gov/publicinfo/year-end/2022year-endreport.pdf After a difficult 2022 at the Supreme Court, Chief Justice John Roberts said in an annual report that the personal security of judges needs to be a priority. “The law requires every judge to swear an oath to perform his or her work without fear or favor, but we must support judges by ensuring their safety,” Roberts wrote (pdf) in the “2022 Year-End Report on the Federal Judiciary,” which was made public late Dec. 31. “A judicial system cannot and should not live in fear,” he added. Chief Justice John Roberts at the Supreme Court Building in Washington on Nov. 30, 2018. (J. Scott Applewhite/AP Photo) In the report, Roberts paid tribute to federal Judge Ronald N. Davies, who in 1957 ruled in favor of black students in Little Rock, Arkansas, who had been barred from attending a local high school despite the Supreme Court’s landmark ruling in 1954 striking down school desegregation on constitutional grounds. Arkansas Gov. Orval Faubus, a Democrat, ordered the state’s National Guard to block the students but “when it came time to rule in the school desegregation litigation, Davies did not flinch,” Roberts wrote. Angry crowds resisted the desegregation effort and Republican President Dwight D. Eisenhower directed the 101st Airborne to make sure the black students could attend the school. In his role as Chief Justice of the United States, Roberts, appointed in 2005 by President George W. Bush, both presides over the Supreme Court and oversees the federal judiciary. The report does not reference the unprecedented leak in May 2022 of Justice Samuel Alito’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the 1973 precedent that legalized abortion nationwide. The Supreme Court is said to be investigating the leak, but the identity of the leaker or leakers is still unknown. Various justices have said publicly and repeatedly in recent months that the public would be updated on the progress of the investigation but no updates have been issued. The report also does not reference the raucous protests at the homes of the conservative justices in Maryland and Virginia, nor the attacks on justices such as Brett Kavanaugh who was the target of a foiled assassination attempt and of flash-mob harassment in public outings by left-wing activists. Roberts defended the right of Americans to disagree with court rulings. “Judicial opinions speak for themselves, and there is no obligation in our free country to agree with them. Indeed, we judges frequently dissent—sometimes strongly—from our colleagues’ opinions, and we explain why in public writings about the cases before us.” Roberts said recent security legislation was a step in the right direction. Roberts acknowledged that last month Congress passed the Daniel Anderl Judicial Security and Privacy Act to help protect judges and their families. The measure was named after the son of federal Judge Esther Salas of New Jersey, who was killed by an assailant when he answered the door to his mother’s home. Roberts did not mention that on June 16, 2022, President Joe Biden signed the Supreme Court Police Parity Act into law. The measure gives Supreme Court officials greater authority to protect the court, members of the justices’ immediate families, and other court employees. The report also states that caseloads for the federal judiciary, including the Supreme Court, fell over the past year. In the 12-month period ending Sept. 30, 2022, the number of cases docketed by the Supreme Court dropped by 8 percent compared to the previous 12-month period. Similar declines were seen in federal courts of appeals, district courts, and bankruptcy courts.
The Great Left-Wing Disinformation Operation Against The Supreme Court Authored by Josh Hammer via The Epoch Times, The past five weeks has seen a flurry of media activity, clearly coordinated, against the right-of-center U.S. Supreme Court. First, the outlet ProPublica began publishing a series of pieces “exposing” the well-known fact of Justice Clarence Thomas’ long-running friendship with billionaire real estate tycoon Harlan Crow, and alleging ethical improprieties pertaining to the justice’s purported failure to disclose certain information. Second, Politico alleged a conflict of interest for Justice Neil Gorsuch in an old real estate transaction in his native Colorado that involved the CEO of a major law firm. Third, Business Insider relied on a “whistleblower” to allege corruption on the part of Jane Roberts, the wife of Chief Justice John G. Roberts, due to her being a well-compensated legal recruiter. Fourth, The New York Times ran a lengthy and meandering front-page story about the at-times coziness between George Mason University’s Antonin Scalia Law School and some of the Court’s right-of-center justices. Each and every one of these collusive “gotcha” pieces is left-wing disinformation at worst, and grossly misleading at best. There is absolutely nothing wrong with a Supreme Court justice having a long-running friendship with a wealthy political activist—and Justice Thomas did not actually fail to disclose anything for which extant canons of judicial ethics mandate disclosure, as The Wall Street Journal’s James Taranto and others have painstakingly detailed. As for Justice Gorsuch, his stake in the underlying Colorado property was via a LLC, so he too did not skirt any mandatory disclosure rules. As for Jane Roberts, it is not exactly a state secret that prominent legal recruiters, and headhunters more broadly, can rake in lucrative commissions. And the Times’ polemic against Scalia Law is little more than a pitiful lament that the Left does not unilaterally control every single top-50 law school in America (although it is perilously close to doing so). Nonetheless, despite these glaring factual omissions, misrepresentations and the misleading natures of these hit pieces, the Democrat-controlled Senate Judiciary Committee still deemed it necessary to hold a hearing last week on “ethics reform.” To any reasonable observer not inebriated from that most potent stew of MSNBC chyrons and New York Times editorial headlines, it should be clear that Democratic elected officials are working hand in glove with the Beltway journalist establishment. That particular revolving door, after all, has a long and inglorious history. It is incumbent upon sober elected officials, and the American people at large, to reject this obtuse, sprawling Democrat-media disinformation operation. The operation, for all its pompous bluster and ginned up faux hysteria, has one goal and one goal only: to delegitimize the U.S. Supreme Court, and to pave the way for ruinous policies that would irreparably damage, and ultimately destroy, that venerable institution. In the year 2023, the Left has nearly completed its century-plus-long “march through the institutions”: The forces of wokeism and civilizational arson are now firmly ensconced in the corridors of power in Fortune 500 boardrooms, K-12 public school classrooms, Hollywood, Silicon Valley, academia, and myriad other traditional centers of American cultural clout. The last remaining bulwark for the Right, and for the forces of civilizational sanity more broadly, is the political arena: Republicans currently occupy 26 out of the 50 governor mansions, and have 22 state-level “trifectas” of consolidated gubernatorial/state legislative control (compared with only 17 for Democrats). At the federal level, Republicans retain a slim majority in the House of Representatives and, most important, conservatives control the Supreme Court. In 2022, moreover, the Court had an impressively conservative term, most prominently including its ruling to devolve to the democratic process all regulation of the Left’s favored pagan sacrament, abortion. The current disinformation operation thus amounts to one big, crass intimidation tactic—a flexing of muscle by what the late Andrew Breitbart famously called the “Democrat-media complex.” The goal is to browbeat the justices into ruling the Left’s way in this term’s marquee cases—including the potentially imminent end of America’s sordid affirmative action regime in the twin pending cases out of Harvard and the University of North Carolina—or else feel Democrats’ political wrath. That wrath could come in numerous forms, including judicial impeachment, jurisdiction-stripping legislation, or, perhaps most harrowing, the ever-looming threat of court-packing. Let us be clear: That is the end goal here. “Ethics reform” is simply a convenient smokescreen—and not a particularly clever one, at that. Supreme Court justices do not typically make a habit of speaking for themselves, Justice Samuel Alito’s recent electric interview with the Journal notwithstanding. It is thus necessary for those of us who can speak up to do so, and to defend the integrity, independence and institutional durability of what Alexander Hamilton famously called, in The Federalist No. 78, the “least dangerous” branch of the federal government. With any luck, the Democrat-media complex’s disinformation operation will fail miserably.
participants (1)
-
grarpamp