Politico sent a shock wave throughout Washington, D.C. when it published a leaked first draft opinion in Dobbs v. Jackson Women’s Health Organization — a major abortion case pending in the U.S. Supreme Court.
According to the draft, both Roe v. Wade and Planned Parenthood v. Casey would be overturned
President Joe Biden and Vice President Kamala Harris each released statements that missed the point. They criticized the opinion, which was merely a draft, when they should have criticized the leak.
Biden posted his statement on Twitter Tuesday morning.
"I believe that a woman’s right to choose is fundamental. 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," he wrote.
Biden concluded that "If it becomes the law and if what is written is what remains, it goes far beyond the concern of whether or not there is the right to choose, and into other basic rights."
Three hours later Harris posted her statement, also on Twitter, arguing that, "This is the time to fight for women and our country with everything we have."
She then attached her official statement.
"The United States Supreme Court has now confirmed that the draft opinion that would overturn Roe v. Wade is genuine," she began, adding, "The rights of all Americans are at risk."
Harris then warned that "Every person could face a future in which the government can potentially interfere in the personal decisions you make"
But the point isn’t the actual draft opinion.
It was written by Justice Samuel Alito in February. At the time the court was divided 5-4. In the months since the opinion may have gone through several revisions.
As a result, Chief Justice John Roberts may have joined the conservatives, widening the division to 6-3. Or Justice Brett Kavanaugh could have joined Roberts and the liberals, making it 5-4 in the other direction.
And we still have several months to go before the court announces a final decision.
Their anger is misdirected. Instead of zeroing in on the opinion — the draft opinion — criticism should be directed at the real culprit — the leaker.
Jonathan Turley, law professor at George Washington University, called the leak "breathtaking." He said "It would constitute one of the greatest breaches of security in the history of the Court."
Independent journalist and SiriusXM radio host Megyn Kelly was a tad more direct.
"The pathetic spineless leak of a draft SCOTUS opinion has the feel of something a sad little woke 20-something-year-old would do," she tweeted. "The kind of person who thinks their personal agenda is 'more important.' Whoever did it should lose their law license."
Kelly added that the leak could result in violence.
"Wonder if the leaker took into account the safety of the justices who undoubtedly were not prepared for the release of this tonight," she said. "The low-life criminal better PRAY that nothing happens to these public servants."
SCOTUS Blog, an independent reporting and analysis service covering exclusively the Supreme Court, offered its own opinion.
"It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff," they said. "This leak is the gravest, most unforgivable sin."
The judiciary is the only branch of the federal government that’s non-political. That’s why its members have lifetime appointments — so they don’t have to seek periodic approval from the people or politicians.
Their only taskmaster is the Constitution, and the only difference lies in how the justices interpret the document.
Liberal justices believe the Constitution is a living document, that its meaning changes with the times. Conservatives interpret its words as they were written, at the time they were written.
The leaker, the "sad little woke 20-something-year-old," attempted to add another element to the court’s decision making process — politics.
He may be trying to use public pressure to get one conservative vote to join the other team. And he most certainly wants to use that draft opinion to affect the 2022 midterms, by the "Parade of Imaginary Horribles" Democrats are predicting if Roe falls.
But in truth, if Roe is overturned, not much will change.
Blue states will permit abortions up to the moment of birth for any reason or no reason at all. Red states will continue to limit abortions — although admittedly a few may outlaw them altogether.
Most observers agree that once the identity of the leaker is known, he should lose his license to practice law.
But that would only result in him becoming a martyr and hero of the left.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.