Yesterday somebody leaked a draft opinion written by Justice Alito, in which we were given a strong indication that Roe v. Wade was going to be struck down. In response to this, I tweeted the following.
If Roe has been struck down, then glory to God. But sit tight—the unprecedented leak means that we might be watching the outside rings of some unprecedented palace intrigues.
Whoever did this was obviously trying to steer something—either to the left or to the right. Whoever it was, it was not a case of simple impatience. If a leftie did it, it would have been a Hail Mary pass, trying to turn the issue into the hottest midterm issue ever. If it was a clerk on the right, it was possibly an attempt to freeze the initial vote—to prevent behind the scenes pressure from causing any justices to buckle. In either case, the person responsible should be disciplined appropriately, and the rest of us should continue on.
The effect of the leak, however, is going to be that of encouraging conservative pro-lifers, and freaking out the left. The overturning of Roe really is a live possibility, and if that happens then abolitionists and smashmouth incrementalists should be able to shake hands and get to work.