The Capital

Leak and left wing threatens integrity of the Supreme Court

- Brian Griffiths Brian Griffiths is the publisher of The Duckpin (TheDuckpin.com). He can be reached via email at brian.griffiths.media@ gmail.com, on Twitter @BrianGriff­iths, or on Facebook, Instagram, and TikTok @ briangriff­ithsmd.

I was as shocked as anybody when a draft opinion from the Supreme Court leaked Monday night indicating that a majority of the justices supported overturnin­g Roe v. Wade, rejecting the concept that abortion is a constituti­onal right.

Obviously, if this decision comes to fruition, I will be thrilled. More than 65 million innocent unborn children have been legally killed since the landmark 1973 Roe v. Wade ruling. For context, that’s about equal to the population of California, Maryland, and New York combined. Fewer innocent unborn children being needlessly killed every year is a blessing. Until the opinion is officially released, however, I’ll hold my happiness in check.

That being said, I have grave concerns about how the Supreme Court is being politicize­d.

First and foremost, let us talk about the leak itself. The fact that an unfinished written opinion from the Supreme Court has been leaked to the media is practicall­y unheard of. Such a leak is absolutely alarming. The justices of the Supreme Court need to be confident that their deliberati­ons, their conversati­ons, and their drafts are confidenti­al and private. Any Supreme Court decision is an important and monumental decision, and the justices need to be comfortabl­e discussing the cases, their opinions, and the legal basis for their decisions with full confidence that they won’t be splashed all over the internet.

Radio host Andrew Langer called the leak “earth-shattering­ly damaging to the fabric of our constituti­onal republic” and he is correct. The leaker should face major consequenc­es for their actions.

Just as alarming is how pro-abortion proponents immediatel­y mobilized to try to get the Supreme Court to change its minds.

When hearing about leaked decisions, many left-wing activists went into hyperbolic overdrive lamenting that the End of Days were here. Without the opinion even being released, the left was extrapolat­ing that the draft decision would be used to roll back all sorts of things like gay marriage, sexual identity, gun laws, birth control and a whole host of other left-wing pet beliefs.

Are they right? Of course not. The Supreme Court may use court precedent to help guide them on cases, but invalidati­ng one case does not automatica­lly invalidate the others.

Is it a crass grab for fundraisin­g cash to exploit those who don’t pay attention? Of course it is.

The left is also lamenting the continued politicizi­ng of the court. This has been a common canard of the left dating to at least the Bush v. Gore decision in 2000. The left claims the court is politicizi­ng abortion because abortion is “settled law.” Of course, it is not settled law; it is a “constituti­onal right” that the Supreme Court invented out of whole cloth in 1973 where one previously had not existed. Even abortion proponents know that Roe v. Wade was a political decision and one of the worst legal decisions in court history.

Now the left wants to ratchet up pressure on the justices to change their mind. There already has been talk of resurrecti­ng proposals to pack the court with Democrats along with protests and media campaigns to try and get the justices to reverse course. The left is doing this without a hint of irony that such pressure on justice is politicizi­ng the court.

The same left-wing activists who continuall­y harp on the Jan. 6 coup attempt don’t realize that they are setting the stage for their own Jan. 6 moment. It too will be an attack on our constituti­onal order.

Much like we must protect the integrity of our elections, we also must protect the integrity of the Supreme Court. The stakes are too high not to.

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