The Supreme Court Dobbs Leak Never Really Mattered. They Just Told Us So.

The Supreme Court Dobbs Leak Never Really Mattered. They Just Told Us So.
1/20/2023 by Kimberly Humphrey
The story today, as it was when Dobbs first leaked, is that this Supreme Court is out of control.



Abortion-rights supporters stage a counter protest during the 50th annual March for Life rally on the National Mall on Jan. 20, 2023. (Chip Somodevilla / Getty Images)

It still doesn’t matter who leaked the Supreme Court’s opinion overturning Roe v. Wade, but the Court’s inconclusive investigation into the leak is a stark reminder of how desperately it needs to be reformed. The leak was a distraction meant to shift focus away from where is should have been: the disastrous harm that overturning Roe for the women, trans and nonbinary people who depend on abortion access to obtain the reproductive healthcare they deserve. Dobbs was just one of many Supreme Court decisions that has been chipping away at the civil rights of all people.

The Court’s investigation, which did not identify the source of the leak, proves just how unseriously it considered this matter. According to the investigation report, the marshal’s investigation included “126 formal interviews of 97 employees,” all of whom denied leaking it. Though it was unclear, the Court has since clarified that the marshal did speak with the justices, but did not require them to sign sworn affidavits. This huge gap in the investigation speaks to how invincible the justices see themselves. They wanted to know who the leak was—so long as they weren’t treated as suspects themselves. They are used to their power being truly supreme—with no accountability to anyone—and if the investigation pointed the finger at one of them, it would severely undermine that perception.
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We also know there needs to be more accountability for the justices, not less. Some of the distractive discourse last summer focused on the protests targeting Supreme Court justices individually, including at their homes. The Court has repeatedly relaxed protections for abortion clinic protests, including even allowing for protests outside the homes of abortion clinic staff. The justices of course deserve to be protected from threats and violence, and no one is suggesting otherwise. But the same standard should apply to protests of the justices that they have allowed in regard to abortion.

It’s as clear as ever that Dobbs was a political decision, and the anti-choice movement sees it as a political victory. This weekend’s March for Life, held on what would have been the 50th anniversary of Roe, changed its route for the first time. Normally, opponents of choice concluded their march with a rally at the Supreme Court—but that victory has been won, so they’ve moved on to targeting the Capitol to lobby for even more restrictive abortion laws. The story today, as it was when Dobbs first leaked, is that this Supreme Court is out of control. This investigation is only the latest evidence that the justices do not intend to check themselves. Supreme Court reform is essential to protect against the next decision that does such harm to our rights, whether it’s leaked or not.

https://msmagazine.com/2023/01/20/supreme-court-dobbs-leak/