Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—May 2

2022—Politico publishes a leaked draft of Justice Alito’s proposed majority opinion in Dobbs v. Jackson Women’s Health Organization that would overturn Roe v. Wade. Recognizing who would clearly have the motive to leak the draft and what the foreseeable consequences would be, leftist legal commentator Ian Millhiser immediately lauds the leaker: “Seriously, shout out to whoever the hero was within the Supreme Court who said ‘f*** it! Let’s burn this place down.’” (Expletive redacted.) An intense campaign of intimidation, including protests outside justices’ homes and an aborted assassination attempt, ensues.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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