The alleged leak of the opinion in Dobbs v. Jackson Women’s Health Organization is nothing short of breathtaking. It would constitute one of the greatest breaches of security in the history of the Court.
...The article represents the greatest crisis that Chief Justice John Roberts has faced in his tenure on the Court. It is a breach of the most fundamental obligations and traditions of the Court.
...If this is a true copy of the draft opinion it is hard not to view this as a malicious act. What is the motivation of releasing such a decision? The only intent of such a leak is to trigger a response from outside of the Court.
...This draft is from February and the majority can shift on such opinions. However, the act of leaking such a draft opinion ranks as an original sin for judicial ethics.
...The most likely motivation is obviously to pressure the Court and push the legislation in Congress on a federal abortion law before the midterm elections. It will also likely renew the call for court packing.

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More from @JonathanTurley

May 4
President Biden's apocalyptic warning that the Court will now allow our children to be segregated by gender identity is part of an ever lengthening parade of horribles from Democratic leaders that undermines, rather than enhances, their arguments...
...It seems to embrace the call from MSNBC analyst John Heilemann "to scare the crap out of [the Democratic base] and get them to come out. [The Democrats] can't motivate them on the basis of hope or their pocketbooks...They have to scare the crap out of them."
So Rep. Raskin is foretelling "Handmaid's Tale regulations" while Pres. Biden is warning of children being segregated by gender identity. The danger is that the dystopian rhetoric will reach a point of over-saturation with voters...
Read 4 tweets
May 4
President Biden just said that the draft opinion could mean that state can pass laws that "children who are LGBTQ cannot be in classrooms with other children." It is not clear how this draft opinion would justify such discrimination.
...According to the President, rejecting Roe and its privacy based analysis would allow states to segregate children based on their sexual identity. The idea that this returns the country to a type of state of nature is hardly a compelling argument.
...People of good can obviously disagree with this opinion, but the parade of horribles should end short of sending children off to segregated rooms based on their presumed gender identity.
Read 6 tweets
May 2
In Shurtleff v. Boston, the Supreme Court has unanimously ruled that Boston violated the First Amendment in refusing to allow a Christian group to hoist a flat outside of City Hall. This one of the blockbuster cases of the term. jonathanturley.org/2021/10/03/tra…
Here is the opinion: scotusblog.com/wp-content/upl…
The Court continues to defy critics who insist that it is hopelessly and ideologically divided. jonathanturley.org/2021/06/01/unp… Notably, this was a religious speech case that still secured unanimity on the Court in reversing the First Circuit.
Justice Breyer ruled that "The city's practice was to approve flag raisings, without exception. . . Under our precedents, and in view of our government-speech holding here, that refusal discriminated based on religious viewpoint and violated the Free Speech Clause,"
Read 4 tweets
May 1
Alter insists that “Tech titans often have a different understanding of speech...because most trained as engineers, not as writers or readers, and a lack of a humanities education might make them less attuned to the social and political nuances of speech.” jonathanturley.org/2022/05/01/why…
...It appears that Alter’s humanities education in college allows her to see “nuances” that escape the rest of us. Just for the record, Alter has a degree in English Language and Literature/Letters (Harvard)...
...Musk has his undergraduate degrees not in engineering but a Bachelor of Arts degree in physics and a Bachelor of Science degree in economics (both from the University of Pennsylvania)...
Read 4 tweets
May 1
Mayorkas assured CNN viewers that there is nothing to fear from his new Disinformation Governance Board, which will "gather together best practices in addressing the threat of disinformation." I think we can guess what the "best practice" might be...thehill.com/opinion/judici…
...His new head of the DGB achieved acclaim on the left for demanding corporate and state censorship as well as banning of news sources from social media. Her past focus was on conservatives, not cartels...
...Now Mayorkas is claiming that she will be a shield against disinformation against "foreign state adversaries, from the cartels." How will that work exactly? I doubt the Sinaloa cartel is likely to be coaxed into silence by a snappy Broadway parody...
Read 4 tweets
Apr 29
Jen Psaki just defended the qualifications of Nina Jankowicz citing her testimony before Parliament and Congress. However, she was supporting both corporate and public censorship in such testimony. That should be a disqualification. jonathanturley.org/2022/04/29/the…
...Psaki emphasized the "extensive background" of her experience. However, that background is staunchly anti-free speech and includes pushing disinformation...
... Citing her "background" in calling for corporate and state censorship is bizarre. Having experience in an area is not necessary a plus when the experience is hostile to the underlying values of the area...
Read 4 tweets

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