The Wall Street Journal Editorial Board has expressed concerns that an “abortion fanatic” might “commit an act of violence” in an effort to subvert the court’s expected decision to overturn Roe v. Wade.
“One question is how fast the Court should now move to publish its decision in Dobbs v. Jackson Women’s Health Organization,” the board said in a Tuesday editorial. “There’s an argument for getting it out fast to make it a fait accompli.”
“Politico said the Alito draft was circulated in February, so the Justices have had ample time to absorb it and respond,” it continued. “We hate to say this, but some abortion fanatic could decide to commit an act of violence to stop a 5-4 ruling. It’s an awful thought, but we live in fanatical times.”
On Monday evening, Politico revealed a draft opinion showing that the justices will likely rule to overturn Roe v. Wade. The news has sparked nationwide protests and frenzy as pro-abortion rights supporters grapple with the potential that Roe v. Wade could soon be overturned.
Experts and political commentators on the right have suggested that the draft opinion was leaked, most likely by a progressive Supreme Court clerk, in efforts to intimidate the court and change its decision.
It has not yet been determined who the leaker is.
“The leak appears to be totally political in nature, not only intended to damage the Court and pressure the justices, but more immediately to incite Democrats to push their laundry list of terrible anti-life ideas, including blowing up the filibuster and attempting to codify abortion violence at the federal level prior to the November elections,” Katie Glenn, Government Affairs Counsel at Americans United for Life (AUL), told The Daily Wire.
The draft majority opinion, which is not final, says Roe v. Wade was “egregiously wrong.” “We hold that Roe and Casey must be overruled,” Alito wrote, according to POLITICO. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
And as protests over the news continue, conservative activists and legal experts call for the Supreme Court to promptly release its decision on Dobbs vs. Jackson Women’s Health Organization.
“Now that it is hanging out there, I don’t think it serves the Court’s institutional interests to wait on issuing the opinion,” Mark Paoletta, the former general counsel for the Office of Management & Budget under President Donald Trump who worked on Justice Thomas’ confirmation, told The Daily Wire.
“They should issue it as quickly as possible,” he said. “Not issuing a final opinion would allow the Left to really ramp up this campaign of intimidation and threats to try and force the court to change course, which is exactly why this opinion was leaked.”
Judicial Crisis Network’s President Carrie Severino said the unprecedented news merits an “unprecedented response” — that the “Court should release its majority opinion as soon as possible.”
“Obviously no one can actually force the Chief Justice’s hand,” Severino told The Daily Wire, “but he may want to release the opinion early to avoid exposing the Court to further pressure and intimidation tactics that risk undermining the Court as an institution as a result of the draft opinion hanging out there for what could be months.”