Loveland Reporter-Herald

Chicago Tribune on the Supreme Court draft opinion leak:

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This editorial board long has supported a woman’s right to choose to have an abortion. We reaffirm that support here, grounded in our belief in a woman’s autonomy over her own body and our long-standing commitment to individual freedoms, even as we lament the Monday night leak of a draft opinion from the U.S. Supreme Court, a further erosion of the fabric of the United States essential to a functionin­g democracy.

Contrary to what you likely are reading elsewhere, both of those positions can be held together.

And to focus your reading of this or any other piece of commentary only on where the greater emphasis lies, whether the bigger outrage is the leak or the opinion, is to miss the most profound lesson of the darkest day for U.S. democracy at least since Jan. 6, 2021.

The grimness of the moment has been underscore­d by Democrats championin­g the leak as a necessaril­y righteous act and by Republican­s failing to understand the consequenc­e of an attack on the settled law known as Roe v. Wade. America fully manifest as a zero sum game is not the nation any of us will enjoy.

The Supreme Court confirmed Tuesday that the leak of a majority draft opinion written by Associate Justice Samuel Alito involved a genuine document. The draft opinion argued for the overturnin­g of the 1973 decision guaranteei­ng federal constituti­onal protection­s for abortion rights, as well as the 1992 decision, Planned Parenthood v. Casey, that largely confirmed that right.

In terms of the decision, Alito clearly believed he fundamenta­lly was arguing an issue of constituti­onal law, as per his job descriptio­n.

“Roe was egregiousl­y wrong from the start,” he wrote. “It is time to heed the Constituti­on and return the issue of abortion to the people’s elected representa­tives.” He hardly is alone in his legal point of view and a generous reading of the opinion would strongly differenti­ate it from banning the practice.

But that is not living in the real world, as Chief Justice John Roberts clearly knows. The Supreme Court does not live in some vacuum removed from the rest of us, oblivious to history and the consequenc­es of its rulings ...

Not only is Roe settled law, it has come up like no other opinion in one confirmati­on hearing after another, with several of the current court members effectivel­y saying that they accepted both its existence and its unique identity. Understand­ably, some of those asking the questions during those hearings now feel duped. It sure looks that way.

Roe v. Wade is freighted unlike any other issue in American jurisprude­nce and its history is singular in terms of its interplay with the most emotional and crucial aspects of any human society, how it treats birth, life and death.

The opinion reads as a nuclear option and it has been leaked at a moment of nuclear fear.

To say that the decision is not reading the room is to understate. We urge the apparent majority to continue their work and rethink.

That said, this is a draft opinion and an internal document. No democracy can function without rigorous debate and the Supreme Court is an institutio­n that relies on trust and buy-in as to the sanctity of its process. That’s because its role in this democracy is to be collaborat­ive, not individuat­ed.

If the improvemen­ts that naturally occur from collaborat­ion — the minds that are changed, the harsh edges that are softened, the realities that are recognized — are to be undermined like this, the Supreme Court itself will not be able to function.

And since it’s at the pinnacle of the nation’s legal system, that means the courts themselves cannot function. And no democracy can survive the collapse of its legal system. That way lies inevitable authoritar­ian rule. You can support the continuati­on of Roe v. Wade and still believe all this.

Whatever the source of this blockbuste­r leak, ... there is no question that the leak was politicall­y expeditiou­s. It might aid the Democrats in the upcoming midterms ... and it will of course impact subsequent discussion­s at the court. How could it not? ...

Roberts is right to start an investigat­ion and track down the leaker. Whatever amounts of steam are coming out of their ears, the esteemed justices simply are going to have to learn to trust each other again, since the court without such a trust is toast.

And we hope the court will continue with its process, ideally more cognizant of its place in a nation that feels more and more like it teeters on the brink.

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