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Justice Alito on the Damage of the Dobbs Leak – Intercessors for America

While IFA intercessors were praying, efforts to prevent the overturn of Roe v. Wade damaged the Supreme Court and put the lives of the justices at risk. Intercessor, your prayers mattered and were heard by God, who protected the lives of the justices and the lives of countless unborn. The court continues to need prayer, as this opinion piece from the Wall Street Journal makes clear.

From the Wall Street Journal. Justice Alito says the marshal “did a good job with the resources that were available to her” and agrees that the evidence was insufficient for a public accusation. “I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody,” he says. He’s certain about the motive: “It was a part of an effort to prevent the Dobbs draft … from becoming the decision of the court. And that’s how it was used for those six weeks by people on the outside — as part of the campaign to try to intimidate the court.”

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That campaign included unlawful assemblies outside justices’ homes, and that wasn’t the worst of it. “Those of us who were thought to be in the majority, thought to have approved my draft opinion, were really targets of assassination,” Justice Alito says. “It was rational for people to believe that they might be able to stop the decision in Dobbs by killing one of us.” On June 8, an armed man was arrested outside the home of Justice Brett Kavanaugh; the suspect was later charged with attempted assassination and has pleaded not guilty.

A few pundits on the left speculated that the leaker might have been a conservative attempting to lock in the five-justice majority and overturn the constitutional right to abortion. “That’s infuriating to me,” Justice Alito says of the theory. “Look, this made us targets of assassination. Would I do that to myself? Would the five of us have done that to ourselves? It’s quite implausible.”

He adds that “I don’t feel physically unsafe, because we now have a lot of protection.” He is “driven around in basically a tank, and I’m not really supposed to go anyplace by myself without the tank and my members of the police force.” Deputy U.S. marshals guard the justices’ homes 24/7. (The U.S. Marshals Service, a bureau of the Justice Department, is distinct from the marshal of the court, who reports to the justices and oversees the Supreme Court Police.) …

In some ways this is an old story. Each side of the abortion debate has featured a vigorous protest culture since at least the 1970s, when the court decided Roe v. Wade. The last time it reconsidered Roe, the three-justice plurality opinion in Planned Parenthood v. Casey (1992) asserted that it would “subvert the Court’s legitimacy” to overturn a precedent while “under fire,” meaning subjected to public criticism. The losing side has even resorted to violence before: Antiabortion extremists assassinated four abortion doctors between 1993 and 2009.

But as the court has grown more conservative in recent years, the left has stepped up the attacks on the court’s “legitimacy,” including character assassination of individual justices, with little objection from mainstream Democrats and plenty of help from the media.

Justice Alito says “this type of concerted attack on the court and on individual justices” is “new during my lifetime. … We are being hammered daily, and I think quite unfairly in a lot of instances. And nobody, practically nobody, is defending us. The idea has always been that judges are not supposed to respond to criticisms, but if the courts are being unfairly attacked, the organized bar will come to their defense.” Instead, “if anything, they’ve participated to some degree in these attacks.” …

It “undermines confidence in the government,” Justice Alito says. “It’s one thing to say the court is wrong; it’s another thing to say it’s an illegitimate institution. You could say the same thing about Congress and the president. … When you say that they’re illegitimate, any of the three branches of government, you’re really striking at something that’s essential to self-government.”

The court’s attackers clearly seek to poison the well, but to what end? They sometimes proclaim unrealistic goals such as pressuring a disfavored justice to retire or removing him from office through impeachment. Sometimes they speak of packing or “expanding” the court — enacting legislation to create new seats that would immediately be filled by a Democratic president and Senate.

That might become possible if the Democrats have a good election in 2024, although Franklin D. Roosevelt failed in 1937 with enormous majorities, and Joe Biden, with narrow ones in 2021, punted the idea to a committee. It also would open the door to retaliatory packing by a future Republican president and Congress. Justice Alito finds the whole notion appalling: “To change the size of the court just because you want to change the result in cases — that would destroy it. You want to talk about our legitimacy? That would destroy the perception that we’re anything other than a political body.”

What is your prayer for the Supreme Court? Please post it in the comments.

(Excerpt from the Wall Street Journal. Photo credit: Getty Images.)

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