May 6, 2022

After Horrific SCOTUS Leak, Justices Must Plow Ahead and Overturn Roe

For a swing justice to defect now would be to give the leaker and his/her street brawler allies a massive win.

The scandalous leak of a full draft of Justice Samuel Alito’s five-justice-strong majority opinion in this term’s marquee Supreme Court case, Dobbs v. Jackson Women’s Health Organization, is an event without precedent in the Court’s history.

If Alito’s coalition holds, the leaked majority opinion, a February-dated first draft whose authenticity has been confirmed by Chief Justice John Roberts, would represent the culmination of a half-century of pro-life efforts to overturn 1973’s Roe v. Wade atrocity. Roe, which was the Court’s worst decision since 1857’s Dred Scott v. Sandford due to the cases’ similar fundamental lies about human anthropology and human dignity, should have been overturned in 1992’s Planned Parenthood v. Casey.

It wasn’t. On the contrary, pro-lifers were deigned to by a relativistic Court plurality, which mused in Casey: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe and of the mystery of human life.” Now, at long last, after an unconscionable 63 million unborn children have been snuffed out in the womb since Roe, the Court in Dobbs seems poised to do what it could not do in Casey: declare the moral and legal illiteracy of Roe’s central holding of a constitutional “right” to abortion.

Poised, that is. It is too premature to celebrate; pro-lifers have been burned far too many times before. Furthermore, votes can still flip even at this late hour, as anyone with a long enough memory to recall the chief justice’s flip-flop in the 2012 Obamacare case, NFIB v. Sebelius, can attest.

And that leads us to the leaker, whose identity is surprisingly still unknown as of this writing.

While we cannot be certain, it is highly likely that the leak originated in the chambers of one of the Court’s three lockstep-marching progressives: the retiring Justice Stephen Breyer, Justice Elena Kagan and Justice Sonia Sotomayor. The most straightforward, and indeed most likely, explanation is that a fanatical pro-abortion law clerk in a liberal chamber decided to seek progressive “hero” status and a shiny book deal, a MSNBC talking-head gig and/or a gender studies professorial perch at a mid-tier university. That rabid Antifa thugs will be dispatched to the private residences of the case’s two swing justices, Amy Coney Barrett and Brett Kavanaugh, is not a bug but a feature of this malicious scheme. Indeed, it appears some vile pro-abortion activists have already publicly posted some of the justices’ personal addresses.

It is impossible to describe how grotesque this state of affairs is. We are a long, long way removed from Antonin Scalia going to the opera and sharing a laugh with his dear friend, Ruth Bader Ginsburg.

The leak appears to be part of an intimidation campaign. It is an intimidation campaign not merely to peel away Barrett and/or Kavanaugh into the hands of the ever-mercurial chief justice, moreover, but also to cow moderates Sen. Kyrsten Sinema (D-Arizona) and Sen. Joe Manchin (D-West Virginia) into assenting to Senate Majority Leader Chuck Schumer’s (D-New York) desire to nuke the Senate filibuster and ram through a Court-packing boondoggle and/or a statutory codification of Roe’s underlying abortion “right.”

This is thuggish behavior — precisely the sort of mischief Abraham Lincoln condemned in his 1838 Lyceum Address, when he famously said: “There is no grievance that is a fit object of redress by mob law.” And it is thuggish behavior that deserves severe rebuke, general ostracization from polite society, extreme vocational punishment, public shaming and criminal prosecution to the extent feasible under law.

We will likely know the identity of the leaker soon. But until then, the most pressing question facing the Court — not to mention the most pressing question facing unborn children nationwide — is whether Alito’s five-justice majority will hold strong amid this appalling, iconoclastic attempt to scupper the institution’s independence and legitimacy.

The answer ought to be simple: At this point, the justices have no choice whatsoever but to plow full-steam ahead — to do what needs to be done and overturn Roe and Casey.

For a swing justice to defect now and rule in any manner short of cleanly overruling Roe and Casey would be to give the leaker and his/her street brawler allies a massive win. And it would be a win from which the Court would likely never recover for the remainder of its history. If the American Founding-era idea of a “government of laws, not of men” means anything at all, it means that the judiciary — our most cloistered and “least dangerous” governmental branch — cannot be subject to mobocracy the likes of which Lincoln warned about in 1838. To defect now would be to permanently incentivize opinion leaks in the future — and even the mild proliferation of these leaks would paralyze the Court and prevent its normal day-to-day operations. One ought to not negotiate with terrorists, and the swing justices in Dobbs ought to not “negotiate” with the reprehensible leaker.

We are in uncharted waters, at this point. All eyes remain on the chief justice, to see if he can find a way — any way — to restore to the Court a semblance of that which he has long cherished most, its perceived institutional integrity. That could prove to be an uphill battle; the leak really is that devastating. But there is one easy way for Chief Justice Roberts to do so: Join Justice Alito’s courageous coalition and send the bloody Roe and Casey precedents to the ash heap of history in clarion 6-3 fashion.


Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.