THIS IS WHAT THE LEFT’S SCORCHED-EARTH POLITICS DOES TO INSTITUTIONS: The Destruction of the Supreme Court. “That scandal, the leaking of what appears to be an authentic initial draft opinion on the controversial Dobbs case, has left many in the legal community aghast. Left and right, many agree that this is highly irregular and highly improper. There’s a reason it hasn’t happened before. Whether or not a person supports Roe v. Wade or wishes it to end, we should all be terrified at the prospect of even the Supreme Court succumbing to the most primal of partisan bickering. The leaking of the draft opinion, which is in no way the final decision of the Court but a good indicator of where it’s headed, marks the end of cordiality between judicial philosophies as exemplified by the friendship between Ruth Bader Ginsburg and Antonin Scalia.”
Should the leak have come from a clerk, as many are speculating, the Court should probably stop hiring law clerks. The Justices did their own work for the first century of the Court, before clerks were introduced, and arguably their opinions were better. In fact, come to think of it, the Court should probably stop hiring clerks anyway. The original justification was that they would be a transmission belt bringing the latest legal thinking from law schools to the justices. Given the state of law schools today, that’s a bug, not a feature.