Justice Clarence Thomas shared his disappointment in the loss of trust that the Supreme Court faces after the unprecedented leak of a draft opinion that could overturn the landmark Roe v. Wade decision.
In response to the draft opinion, authored by Justice Alito, pro-abortion advocates have expressed outrage over the potential repeal of federal abortion oversight.
Thomas spoke at a conference in Dallas on Friday where he expressed his dismay over the situation, and offered a stark warning.
“What happened at the court was tremendously bad,” Thomas said. “I wonder how long we’re going to have these institutions at the rate we’re undermining them. And then I wonder when they’re gone or destabilized, what we’re going to have as a country.”
Thomas is not wrong in his assessment. Yale Law School students offended by the draft opinion are calling for the ostracizing of conservative classmates, and the end of the Constitution itself.
“How can we possibly expect a document, drafted by wealthy, white, landowning men, to protect those who face marginalization that is the direct result of the very actions of the founders?” One Yale Law student posted.
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Protests In Front of Justice’s Homes
In response to the draft opinion, protestors have demonstrated outside of the Justices homes, sparking controversy. Are these protests merely a display of First Amendment rights, or is something more serious going on?
Mike Davis, the founder of the Article III Project, spoke with The Political Insider on the matter.
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“This is obstruction of justice by these protestors because they are openly trying to intimidate judges to change their votes on a pending case,” Davis told The Political Insider. “The First Amendment is not absolute. There are time, place, and manner restrictions. These protestors are free to protest in many other places but they are protesting at a federal judge’s home and that is illegal under the statute 18 USC 1507.”
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) May 14, 2022
Protestors, organized by the liberal activist group Ruth Sent Us, arranged another round of protests over the weekend at the homes of Justices Alito, Kavanaugh, Coney Barret, Thomas, and Chief Justice Roberts.
URGENT 🧵: 1/
Tomorrow, Saturday evening, following a Bans Off Our Bodies rally at noon in DC, there will be six simultaneous protests in these tony suburbs the SCOTUS 6 live in. RT please. pic.twitter.com/iEGKWtZeYz
— Ruth Sent Us 🪧 (@RuthSentUs) May 13, 2022
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Senate Passes Legislation to Protect Justices
The threat to the justices is serious enough that the Senate voted unanimously to pass a bill that will beef up security for the justices and their families. However, that bill is being stalled by Democrats in the House.
“Now the House wants to do things like add law clerks and other staff to this, which is really unnecessary because virtually all the law clerks are anonymous,” Senator John Cornyn (R-Tex), the author of the bill, told Fox News. “They’re not highly visible or recognizable like the justices are, so they’re unlikely to need that kind of protection.”
In response to Democrats holding up passage of the Supreme Court Police Parity Act, Mike Davis added that, “There is no need for clerks to have federal protective details. That’s absurd and this is just House Democrats politicizing the issue.”
Both the White House and the Department of Justice have refused to condemn the protests. In response, Mike Davis believes the Court should issue its opinion immediately.
After 9 days, the Attorney General finally issued a statement.
He didn’t condemn threats against justices in their homes over a pending case.
He didn’t order the FBI to investigate these threats.
Local school board members get better protection than Supreme Court justices. pic.twitter.com/NHrzvWZO1H
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) May 11, 2022
“The intentional leak of this draft opinion demonstrates that the leaker is trying to put pressure on justices to change their votes,” Davis said. “And the Chief Justice must not let this happen. He needs to release the court’s decision immediately with written opinions to follow.”
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Who Leaked the Draft Opinion?
It’s nearly two weeks after the draft opinion was leaked and there are still no answers as to who the leaker is. Theories are flying around the internet, including the outlandish idea that it was a clerk for a conservative justice attempting to pressure a wavering judge to stay the course.
“That’s nonsense — it’s gas lighting.” Davis said. “Why are liberals cheering the leak if it came from a conservative? It’s having the intended result of having people show up illegally to justice’s homes to threaten them into changing their opinion.”
Justice Thomas, however, will not be intimidated by such tactics.
“We can’t be an institution that can be bullied into giving you just the outcomes you want,” Thomas said at a judicial conference in Atlanta on May 6. “The events from earlier this week are a symptom of that.”
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