Mon, May 9, 2022 9:00 AM
By By Bethany Blankley The Center Square contributor, The Center Square
(The Center Square) – Fallout continues from the May 2 leak of a draft Supreme Court opinion, with some critics of the decision calling for violence to be committed against some of the justices and protests being arranged outside of their homes.
But the initial act – the leak itself – was an attack on some of the justices and an act of judicial insurrection, Florida Gov. Ron DeSantis said.
DeSantis called the leak “an attack on a lot of the justices. It was intentional to … potentially try to bully them into changing one of their positions and that is not something that’s appropriate for the judicial branch.
“You want to talk about an insurrection, that’s a judicial insurrection,” he added, “trying to kneecap a potential majority through extraconstitutional means.”
The addresses of justices homes were published by abortion activists and protests were arranged outside of their homes over the weekend. But the day after the leak, some on social media called for a range of actions to be taken against the justices, from impeachment to threats of murder.
British gaming writer Simon Gwynn tweeted on May 3, “If you had the chance to kill Clarence Thomas and Samuel Alito, the two oldest right wing Supreme Court judges, should you do it while Biden can get his nominees to replace them confirmed?”
He later deleted the tweet and hasn’t been kicked off of Twitter. Others called for some of the justices to be impeached, including Glenn Kirschner of MSNBC.
On Saturday, large crowds of people gathered outside of Chief Justice John Roberts’ and Justice Brett Kavanaugh’s homes.
The Daily Signal reported with accompanying video, “The energy is markedly more negative outside Kavanaugh’s house. The anger has become much more palpable than outside any other justices’ house.”
Videos show protesters chanting, “We will not go back” outside of Kavanaugh’s home, and “Keep abortion, save our people. You don’t care if people die,” outside of Roberts’ home.
Abortion is the termination of a pregnancy. Less than 1% of all abortions are performed to save the mother’s life. State laws outlawing abortion, including perhaps the strictest law in Texas, include exceptions to protect the life of the mother.
If the Supreme Court does issue a final ruling overturning Roe v. Wade, it wouldn’t outlaw abortion. The ruling would allow states to enact their own abortion laws. The nation would be divided between states that outlaw or severely limit abortion and those that legalize abortion, some up to birth.
Those opposing Roe v. Wade have always argued a federal ban either for or against abortion is unconstitutional because it’s a state’s rights issue. They also argue no constitutional protection for abortion exists.
While this was the first time an entire draft opinion has been leaked from the court, it’s not the first time a leak about an opinion has occurred, Mathew Staver, founder and chairman of Orlando-based Liberty Counsel told The Center Square.
In fact, before the Roe v. Wade ruling was issued in 1973, how the court was going to rule was also leaked, Staver said “a law clerk told a third party about the opinion. A media source wrote an article and planned on releasing it after the opinion was officially released, but the opinion was delayed and the article was published before the official release of the opinion.”
As to the draft opinion itself, Staver argues it “dismantles the Supreme Court’s flawed abortion decisions beginning with Roe v. Wade. It is refreshing to read compelling scholarship that honestly addresses the lack of historical and constitutional basis for abortion in the Supreme Court’s prior decisions. The Supreme Court became a political institution with the advent of Roe v. Wade because abortion has no basis in the Constitution.
“Roe v. Wade was egregiously wrong from the start and has caused much damage. Thankfully, that bygone error is nearing an end.”