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I hope you saw my latest weekly column.
ROGER WICKER: Historic Breach of Trust Threatens Independence of the Court
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The U.S. Supreme Court came under unprecedented attack last week when a news
outlet published an early draft of a majority opinion in Dobbs v. Jackson
Women’s Health Organization, a Mississippi abortion case currently before the
court. The leak of this confidential document – weeks ahead of the expected
ruling – is a stunning betrayal of trust within the court’s chambers. The draft
decision, if adopted by the court, would overturn Roe v. Wade, returning the
issue of abortion to the people and their elected representatives. This news
triggered a wave of hostile pressure against the justices ahead of their
official ruling.
Chief Justice John Roberts confirmed that the leaked draft is authentic but
said it does not represent a final decision by the court. He immediately
ordered an investigation to find the leaker. Every American should be outraged
that one person working at the court chose to short-circuit the judicial
process in one of the most consequential cases in our lifetimes.
Biden, Democrats Use Leak for Political Purposes
Instead of condemning this leak, Democrats in Washington have chosen to
exploit it for political purposes. Within hours of the news story, President
Biden called the draft opinion “radical” and insisted there is a constitutional
right to “abort a child.” His allies in Congress went even further. House
Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer called the draft
“an abomination” and “one of the worst and most damaging decisions in modern
history.” In a baseless slander, they accused the conservative justices of
having “ripped up the Constitution” and “lied to the U.S. Senate.”
A few hours later, Senator Schumer vowed to hold a vote on legislation that
would impose abortion-on-demand nationwide, even though this bill already
failed in February. Predictably, some Democrats have renewed their push to end
the Senate’s 60-vote threshold, hoping they will somehow find the votes to pass
extreme abortion policies with a bare majority. This effort faces tough odds,
however, as Democrats Joe Manchin and Kyrsten Sinema have stood strong with
Republicans to protect the filibuster.
The Leaker Must Be Found
Members of the Supreme Court rely on absolute trust and discretion to carry
out their duties, often exchanging multiple drafts of opinions before they are
announced. This leak will severely damage that trust, putting at risk the
ability of our nation’s highest court to function. It will also set a
disturbing precedent of inciting mob pressure to intimidate the justices before
they issue a decision. For the sake of the court’s independence, this leaker
must be found and punished. If it was a law clerk, he or she should be fired
and disbarred for life. If it turns out that a Supreme Court justice in any way
aided or knew of this leak and did nothing to stop it, they should be impeached
by Congress.
Official Ruling Still to Come
Like many pro-life Americans, I was encouraged that the draft opinion
indicated Roe v. Wade may soon be overturned. Pro-life advocates have fought
for 50 years to achieve this outcome, and I was pleased to do my part last year
by leading 228 members of Congress on an amicus brief supporting Mississippi’s
case. But we should be careful not to get ahead of this decision. Until we see
the court’s official ruling, we can only hope and pray for the end of Roe v.
Wade and for unborn children to receive the full protection they deserve.
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Thank you for your support,
Senator Roger Wicker
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