The bits of the “Roe” draft I could stomach to read struck me as something that might have been written for The Onion. While I knew that neofascists had an affection for the old British witch burner and rape defender, the idea that he conceivably could be included in a Supreme Court draft opinion was ludicrous. That might be like seeking to plot a moon landing on the theories of Bishop Usher the young earth “creator.” Sadly, according to at least one source, ProfessorDoctor Alito has been sufficiently embarrassed that this bit of hilarity has been removed. The decision truly needs its folly.
Then, of course, there was the historicity nonsense—fifty years recency—that seemed not to have bothered his equally contemptuous brother justice when he ignored a couple of hundred years of precedent to assure that we all have an adequate stockpile of firearms. Oh well…On the other hand, abortion existed in the states in 1787 per numerous articles in the google and didn’t become more generally illegal until the 1860s courtesy of an AMA campaign; sad that Alito didn’t check in with the google. While I knew that and had read several explications for the motivations of the AMA’s campaign, I was readily able to find sources for much more thorough research of the matter.
“Prosecute to the fullest extent of the law!” Oh yeah; there’s a hill to be buried on, not that anyone will recall. Ole WillieBarrrr pontificated that leaking a court draft is an obstruction of justice. Even Megyn Kelly who long has played a whiffle ball on TV was near to a giggle. Strangely, the two time AG didn’t bother to cite any authority or other sort of violation that might be ripe for consideration. However, even if there could be some sort of stretch by which the leak might be an obstruction, the fact that the obstruction was for perhaps 30 days might make that obstruction something of a piffle.
If anyone really gives a fig as to the identity of the leaker, there are sooo many theories out there. However, recently there was an article stating the “fact” that after drafting his decision, Alito went to his benefactors at the Federalist body to tell them of his service to the cause. Given the extent of his effort and apparent pride, is it likely that he failed to share with his betters/bettors(?) the actual product of his ratiocination? Further, it has been reported that around that same time Vanky TrumpeT received some sort of report of the result…possibly another copy of the draft? In short, a significant number of people received “cconfidential” information. Two people can keep a secret if one is dead. Given the probability of the volume of leakage, why shouldn’t someone feel disclosure of the draft (even assuming it wasn’t from the supposed recipients) less inappropriate than the CJ and sundry political mouthpieces declare?
If you’re a law clerk to a justice with ALL that that entails, getting caught “leaking” a draft opinion means you never can be trusted. How the hell likely are you to do something that stupid?! The conjecture that someone wishing to cement the decision makes sense to me, but it would have to be someone with nothing to lose. The Thomases have no reason to give a good goddamn however.
Finally, the fact that the draft makes clear the many things it threatens while specifically denying it would be still more humorous were it not so grim and terrifying. Mind you, this decision deals with a subject grounded in religious beliefs of questionable validity and general non acceptance. (There surely is a reason for so many Roman Catholics on that court, no?) So, to state that Griswold inter alia (which in my stunted adolescence I like to refer to as the “rubbers case”) is in no danger is either to call or assume us fools. Moreover, it long has been apparent if not stated that the crusade was equally against contraception although in recent years some crusaders actually have been so brazen as to acknowledge the fact.
I can’t conclude without recommending the Crooked Media folks (AKA Pod Save America) for anyone not already having appreciated it. It’s an hour and a half of genuine fun mostly on this subject: https://www.youtube.com/watch?v=IRr7G_xYhvU.