Many Americans, most notably Chief Justice John Roberts, were aghast at the leak of Samuel Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization.
Roberts ordered an investigation into the “appalling” breach of etiquette and said he hoped “one bad apple” would not spoil the public’s trust in the Supreme Court, an odd statement to make with the court’s approval rating at an all time low. Justice Clarence Thomas, whose wife was active in the attempt to subvert the 2020 presidential election by bullying Mike Pence into violating his vice presidential oath of office, insisted the court would not be bullied by the public reaction to Alito’s draft.
Thomas was referring, in part, to abortion rights advocates conducting silent vigils outside the homes of some the justices, especially Brett Kavanaugh, who seems loath to be reminded that, under oath, he assured senators that he viewed Roe v. Wade as “settled law.” Deeming peaceful silent protest as more egregious than armed violent protest, many conservative commentators demanded that the leaker be identified and prosecuted, although it seems that leaking the draft was not actually a crime. All the critics agreed that this heinous act threatened the independence of the Supreme Court and was therefore a blow to American democracy.
