Roe v. Wade‘s draft opinion leak has unearthed partisanship in the United States Supreme Court. Otherwise known to be a revered judicial institution, the top court is likely to face public scrutiny after the latest leak.
United States lawmakers have said the draft leak, first reported by Politico, was nothing short of a security breach and will have a prolonged ripple effect. While it is not clear who leaked the documents, Chief Justice John Roberts has already launched an investigation.
The reshuffling of Supreme Court justices during the presidency of Donald Trump and Barack Obama may have had a major impact on the current situation. Obama nominated two justices to the Supreme Court while his successor nominated three in his single-term presidency.
The current situation may have been different if GOP’s bid to confirm Brett Kavanaugh and Amy Coney Barrett would have gone failed. The Supreme Court would then be thinly leaned to the conservative side. The current ideological split in the top court is 6-3.
In their bid to promote abortion rights in the United States, Democrats have rallied to either restore balance in the Supreme Court or codify Roe v. Wade through Congress. Lawmakers are expected to dig deeper into these paths in the coming days.
Other upcoming changes may include revamped processes of the Supreme Court and more intense vetting of its staff. The current leak has been described as “the gravest, most unforgivable sin.”
Theories suggest that the source of the leak may have wanted to increase public pressure and overturn the ruling or soften the blow for the actual impact, according to reports from The Guardian.
However, Chief Justice John Roberts spoke highly of the Supreme Court staff in his statement following the leak. “We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law”, he said.