OPINION: The unprecedented leak of a draft court opinion in Dobbs v. Jackson Women’s Health Organization has accomplished what decades of culture war politics have failed to do: Advance the debate around state and federal abortion policy.
This is unfortunate. The Supreme Court is intentionally designed to stand apart from normal partisan politics. That may not always happen, but it is an aspiration that should not be abandoned or undercut.
The confidentiality of internal court deliberations is an important feature of the court’s unique role. After oral argument on a case is concluded, the justices vote on the basic outcome of the case and exchange written legal opinions. The confidentiality of that exchange generates a candid back-and-forth to reach agreement on the specific language of the opinions. The result is often that justices rethink – and occasionally change outright – their original position. This process makes it more likely that decisions are based on constitutional analysis and legal rules rather than worries about how a justice’s ideas or questions will look to interest groups or the media.
The leak introduces suspicion and the potential for posturing into the process – a bad development. It could lead to poorer decision-making in the future if justices begin worrying more about breaches in confidentiality than about reaching the best legal ruling. We can only hope that will not be the upshot of this leak and that the loss of trust between justices and staff will be restored .
That is the only acceptable outcome for those who prioritize the health of America’s democracy over a personal partisan or ideological agenda.is vice president of policy for Sutherland Institute., J.D., is a religious freedom policy fellow for Sutherland Institute.
México Últimas Noticias, México Titulares
Similar News:También puedes leer noticias similares a ésta que hemos recopilado de otras fuentes de noticias.
Judge overseeing Derek Chauvin's civil rights case accepts plea dealThe judge overseeing the federal civil rights cases of four former Minneapolis police officers in the killing of George Floyd said that he has accepted the terms of Derek Chauvin's plea agreement and will sentence him to 20 to 25 years in prison.
Leer más »
Judge overseeing Derek Chauvin's civil rights case accepts plea dealThe judge overseeing the federal civil rights cases of four former Minneapolis police officers in the killing of George Floyd said that he has accepted the terms of Derek Chauvin's plea agreement and will sentence him to 20 to 25 years in prison.
Leer más »
Derek Hough Confirms Return to ‘Dancing With the Stars’ Amid Disney+ MoveCheryl Burke, Gleb Savchenko and more ‘DWTS’ pros and judges spoke out after news broke the show will no longer be on ABC — read more
Leer más »
Michael Bublé Had to Get an MRI After Training With Derek HoughMichael Bublé is recovering after busting out some epic dance movies for the music video for his single, 'Higher.'
Leer más »
David Cone: Darryl Strawberry mentored Derek Jeter on ‘what not to do’Derek Jeter had an unlikely mentor in Darryl Strawberry, David Cone tells The Post.
Leer más »
Major companies stay mum on thorny abortion issue - for nowA leaked draft of a Supreme Court opinion that would abolish a nationwide right to abortion has thrust major companies into what’s arguably the most divisive issue in American politics
Leer más »