Member-only story
High Court and Supreme Hypocrisy
Killing Any Legitimacy for the Nation’s Highest Court
Justice Clarence Thomas said Friday that the judiciary is threatened if people are unwilling to “live with outcomes we don’t agree with” and that recent events at the Supreme Court might be “one symptom of that.” Thomas, speaking to judges and lawyers at the 11th Circuit Judicial Conference, did not speak directly about the leak of a draft opinion that would overturn Roe v. Wade, a colossal breach of the court’s procedures. Source
Justice Thomas may have uttered some of the first words of his that I have agreed with. Thomas bemoans the declining respect for our institutions and the rule of law. One such institution, the Supreme Court is probably facing its biggest crisis ever. I have no misgivings that Thomas has had a sudden concern about the very institution that he is a part of. Or, if he has, he is too oblivious to the fact that he is one of the major elements of this problem.
One of the leading crises to develop with the court recently has been the leak of a draft opinion overturning Row V. Wade. Why is this such a problem? Well for starters Row was decided nearly half a century ago. Further, it has survived some 17 challenges. It is been what we generally refer to as settled case law, or Stare Decisis.
