Why the Dobbs Leak Is Dangerous
Document Type
Article
Publication Title
First Things
Publication Date
5-5-2022
Abstract
(Excerpt)
This week’s leak of the draft majority opinion in Dobbs, the Mississippi abortion case, is unprecedented. Leaks from the Court have occurred before, but this leak is different, a potentially shattering event, both because of the leaker’s probable motives and the leak’s probable effects. Most likely, the leaker set out to intimidate one or more of the justices and affect the outcome of the case. Alternatively, the leaker hoped to destroy the Court as an institution—in the approving phrase of one progressive commentator, to “burn this place down.” The long-term consequences of the leak may be severe.
I know that many, on both sides of the abortion debate, will think that focusing on the danger to the Court misses the point. Surely, the main thing is whether the Constitution contains a right to abortion, not whether the justices suffer some passing embarrassment. But if the rule of law is to survive, Americans will need to maintain the Court as a functioning institution. This week’s disclosure poses grave risks in that regard.
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