Decoding the leak from the US Supreme Court

These are desperate times for the Democrats in Washington.  The polls and the mood of the nation suggest that they will receive a shellacking during the midterms in November.

The Democrats have just around six months to act.  Desperate times demand desperate measures, so the Democrats are resorting to sneaky tactics such as "leaks," hoping it will benefit them.

They leaked messages between President Trump's chief of staff, Mark Meadows, and key GOP figures and Trump aides to portray Republicans as insurrectionists and fascists looking to subvert the course of democracy.  

The New York Times leaked a conversation allegedly between House minority leader Kevin McCarthy and Rep. Liz Cheney to cause a rift within the GOP and cause the impression that GOP is imploding due to conflicts within the leadership.

However, their most audacious leak occurred on Monday night, when Politico obtained a nearly 100-page opinion, authored by Justice Samuel Alito, which Politico claims is a "full-throated" and "unflinching repudiation of constitutional protections of abortion rights."

A leak such as this emanating from the Supreme Court is unprecedented.  Supreme Court historians and court-watchers say they cannot recall any previous leaks.

The leak is a majority opinion relating to Dobbs v. Mississippi (2022) which is a case to evaluate whether Roe v. Wade (1973), which legalized abortion nationwide, can be overruled.  If Roe v. Wade is overruled, then states decide on abortion, and this is how federalism and indeed democracy work. 

Thus far, the U.S. Supreme Court hasn't issued any official ruling on the case, nor have the justices issued any public statement. 

Among the most preposterous media reactions was an MSNBC "expert" claiming that democracy within the U.S. has failed because Supreme Court justices appointed by presidents who lost the popular vote will "shape American life for decades."

So what purpose does this leak serve?

The leak returns the issue of abortion to the forefront.  Democrats have successfully characterized abortion as a civil right.  This is an issue that fires up the far-left Democrat base, which most likely has been abjectly disappointed with Joe Biden and Democrat lawmakers. 

This leak will facilitate fundraising for Democrats.  It is also a scare tactic to remind Democrat voters that if they want unrestricted abortion on demand, they have to vote for the Democrats during the midterms. 

This leak also could enthuse an already enthused pro-life GOP voter base.

Already, pro-abortion "protests" have begun outside the Supreme Court.

"Protests" will also be conducted outside the homes of conservative Supreme Court justices.  It must be remembered that these "activists" can stoop to any level.  The "protests" will devolve into threats.  They could even resort to violence and vandalism.  Family members of the justices who live elsewhere could also be targeted. 

They will claim to be doing this for the "greater good."  The news media will then declare that protests are always messy.  They will claim this is a war against the "far right" for the "soul of the nation" and that this is how democracy functions. 

The "protesters" may even succeed.  Few human beings can withstand relentless hate, attacks, and looming threats.  President Trump was among the few who had the fortitude and the resilience to stand up to liberal tyrants and deride them in public.  However, most humans, including justices, capitulate when their loved ones are threatened with violence.  At times, even if a justice chooses to remain stoic, relatives could urge the justice to fall in line just to ensure their safety.  It is easy to preach to others to stand by their values in the face of peril, but difficult to practice.

But beyond the contents of the leak, let's focus on the act of leaking.

Every individual in positions of power, from presidents to senators to Supreme Court justices, must have a secure work environment where he can freely express ideas and opinions. 

The process of decision-making and adjudicating works only when justices comprehend and evaluate the merits and demerits of each and every possible outcome.  At times, certain individuals feel the need to put their thoughts to paper and circulate them among colleagues.  An individual may have myriad ideas, but unless the ideas are acted upon, they remain thoughts.

In this case, the document is still a draft.  It is important to remember that deliberations on such cases frequently evolve.  Justices change their votes as drafts circulate and develop.  Most decisions can be subject to multiple drafts.  The Court's holding will not be final until it is published.

When such documents are leaked, the work atmosphere turns volatile.  It leads to paranoia.  Quite soon, people just stick to groupthink to avoid trouble.  This is another goal behind the leak, which is to leverage public pressure on the justices in order that they fall in line.

The public must also understand that this is merely the beginning.  When the Democrats lose in November, they could use their "activist" wing to wreak havoc.  Nothing is outside the realm of possibility — they could merely refuse to accept the election and compel protesters to occupy Washington until there is a "probe" into the results.  If they accept the results, they could cause a spectacle each time the GOP attempts to pass laws that they deem inappropriate.

One could argue that irrespective of the actual ruling, the Supreme Court has already been compromised.  If the justices genuinely change their opinions, it will appear that they capitulated before the mob.  If they stick with their opinions, the liberals can claim they succumbed to the demands of the right and call it a right-wing takeover.

Any court and the justices within must be judged only on their rulings.  Their journey on how they arrived at their judgment and how they evolved is really beyond the scope of public interest.  Justices often document each and every relevant detail relating to their judgment, which is available for public consumption.  What is excluded from the document should not be anybody's concern.

The Supreme Court plays a crucial role in the U.S. representative democracy.  Once the workings and the integrity of the Supreme Court are compromised, so are the democratic values of the nation.

When Democrats cannot win elections, they resort to sneaky ploys such as leaks to undermine the functioning of institutions.  This is a long-term project to ensure their permanent influence in Washington irrespective of electoral outcomes.

The Republicans must react to this leak by focusing primarily on the act of leaking and how serious a violation it is before they focus on the contents.

An investigation into the leak must be immediately initiated, and the culprit must be punished. 

The left has managed to infiltrate and hijack most government institutions and irrevocably compromise them.  The Supreme Court has been standing for over two centuries.  It still means a great deal to citizens.  It must be protected from such thugs at all costs.

Democracy ceases to function if the mob is allowed to take over.

Image: Pixabay, Pixabay License.

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