Legal experts urged an immediate Supreme Court ruling on Dobbs v. Jackson Women’s Health, a case that directly challenges Roe v. Wade, after a draft decision was reportedly leaked to Politico Monday evening showing the majority favored overturning Roe.
“This is clearly part of an intimidation campaign, and the left has shown it will stop at nothing to protect their financial backers in the abortion industry,” Mike Davis, former clerk for Justice Neil Gorsuch and president of the Article III Project told the Daily Caller News Foundation. “Leading Democrat politicians have threatened justices by name, and their left-wing supporters have shown up at justices’ homes.”
“This leak of a pending case puts the lives of justices in danger. The Court must issue its decision immediately,” Davis wrote on Twitter. “To end this unprecedented, very dangerous assault on the Court’s judicial independence and justices’ safety, the Chief Justice should issue Justice Alito’s majority opinion tomorrow.”
Law Professor Josh Blackman told the DCNF the Court should issue a final opinion as soon as possible and publish its full opinion at a later date.
“The Supreme Court should promptly release a short decision that overrules Roe v. Wade,” Blackman said. “The Justices can take their time to publish a fully-reasoned decision by the end of June. The longer this scandal drags on, the risk grows for more leaks and pressure on the Court.”
The Monday night publication of the leaked opinion sparked immediate blowback from liberals, who called for abolishing the Senate filibuster, packing the courts and codifying the Roe precedent into federal law. Several prominent liberals also praised the leaker as a hero for allowing the public to pressure justices into potentially changing their vote before the final decision.
“If this story is true, the Court should issue its opinion right away,” Andrew McCarthy, legal commentator and former chief assistant U.S. attorney said. “Otherwise the disgraceful leak wins. I would say that if my side lost. If we lose the integrity of the Court’s process, we lose the Court. That should be intolerable to all of us who live the country.”
Ed Whelan, distinguished senior fellow at the Ethics and Public Policy Center, said the Court should issue the majority opinion as soon as it is final and allow the other justices to release their opinions at a later date when their written dissents are ready.
“Given the leak, the Court should go ahead and issue the majority opinion as soon as it is final. Dissenters can issue their opinions later,” Whelan said.
“An alternative to issuing majority opinion pronto, in advance of dissents: Chief should give justices a very short period of time–say, a week–to finalize opinions,” Whelan added.