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It’s an awful thought, but we live in fanatical times. We hate to say this, but some abortion fanatic could decide to commit an act of violence to stop a 5-4 ruling. Politico said the Alito draft was circulated in February, so the Justices have had ample time to absorb it and respond. There’s an argument for getting it out fast to make it a fait accompli.
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One question is how fast the Court should now move to publish its decision in Dobbs v.
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A statement from all nine Justices deploring the leak would be a useful defense of the Court as an institution, as the liberal Justices know they may eventually be in the majority. Chief JusticeĪsked the marshal of the Court to conduct an investigation into the leak, which is appropriate but rarely successful. The best response from the Court would be to ignore the political fallout and focus on the law. Look for the return of fevered threats to break the Senate filibuster, pack the Supreme Court, and impeach the Justices. This fury is intended to intimidate the Justices and, if that doesn’t work, use abortion to change the election subject in November from Democratic policy failures. Senate, ripped up the Constitution and defiled both precedent and the Supreme Court’s reputation.” Their cool reason continues: “Several of these conservative Justices, who are in no way accountable to the American people, have lied to the U.S. Wade would go down as an abomination, one of the worst and most damaging decisions in modern history.” Were out with a press release shortly after the story broke on Monday: “The Republican-appointed Justices’ reported votes to overturn Roe v. But the person trying to break the Court is the leaker. Feldman rushed out his view that the “Supreme Court Is Broken,” a meme to discredit the Court. It is already succeeding, as the reaction from the left and the media has been apocalypse now.