A fresh leak has hit the Supreme Court, stirring up its ongoing controversies around abortion rulings.
This revelation exposes deep rifts within the Court, only hours after President Joe Biden criticized some justices as “above the law,” and hints at even more disclosures on the horizon.
The CNN Bombshell: Justices at Odds
CNN’s latest report unveils the intense months of disagreement among the nine justices, revealing a fractured bench.
This disclosure came shortly after Biden and Vice President Kamala Harris supported significant reforms to the Court, setting a tense backdrop.
The History Repeats with Alito’s Opinion
Ironically, this isn’t the first leak the Court has grappled with; over two years ago, Justice Samuel Alito’s draft opinion on Roe v. Wade was prematurely exposed.
Even more recent, an opinion on Idaho’s abortion access was accidentally published a day early in June.
Moyle v. United States: A Divisive Case
The case at the center of the leak, Moyle v. United States, was instigated by Idaho’s extreme abortion ban following the Dobbs decision.
The federal response, mandating emergency abortions in hospitals with Medicare funding, added fuel to the fire.
Emergency Actions on the Shadow Docket
Initially, the Supreme Court took up Idaho’s challenge as an emergency action, pausing the federal Medicare directive.
This temporary stay, decided by a 6-3 split, had previously been under wraps.
Cracks Within the Conservative Camp
Post the emergency stay, the conservative justices showed signs of division.
CNN disclosed that there was no clear majority in their private vote post-April’s public hearing—a closely guarded secret of the Court.
Roberts and Kavanaugh’s Unexpected Move
Chief Justice John Roberts and Justice Brett Kavanaugh took an unusual stance by proposing to end the case without a definitive resolution.
This is a step away from traditional Court protocols.
An Unconventional Opinion in the Works
Roberts, Kavanaugh, and Justice Amy Coney Barrett collaborated on an opinion to deem the case “improvidently granted.”
This suggests that perhaps the Court shouldn’t have taken it on in the first place.
Alito Stands Firm Against the Biden Administration
Justice Samuel Alito, supported by Justices Clarence Thomas and Neil Gorsuch, argued that Idaho’s abortion ban should be upheld.
Alito was described as “adamant” that the Biden administration was wrong, according to CNN.
A Compromise Emerges
In a surprising turn, a compromise was brokered during negotiations with liberal Justices Elena Kagan and Sonia Sotomayor.
This compromise led to the final June ruling, which did not confirm a Court error but indicated that Idaho hadn’t shown “irreparable harm.”
The Internal Turmoil Likely to Escalate
The extensive leak of internal disagreements and procedural details is likely to cause significant concern within the Court.
A previous investigation into the 2022 leak regarding Roe v. Wade, which Chief Justice Roberts called “appalling,” failed to identify the culprit despite examining clerks’ private communications.
Future of the Supreme Court in Question
With a history of leaks and public splits, the integrity of the Supreme Court’s secretive processes stands compromised.
The hint of more leaks to come only adds to the anticipation of further drama within this venerable institution.
