Justice Alito’s Courage

Congratulations to Justice Samuel Alito — and his interlocutor, James Taranto, of the Wall Street Journal — for his plain talk in respect of the campaign to buffalo the Supreme Court. The justice who wrote up the Court’s opinion reversing Roe v. Wade says he has a “pretty good idea” of who leaked the opinion, but he’s certain about the motive. It was “part of an effort to prevent the Dobbs draft” from “becoming the decision of the court.”It’s nice that at least one justice is prepared to put the hay down where us mules can get to it. One of the reasons it is clear to Justice Alito that the motive was to prevent the Dobbs draft from becoming law is “that’s how it was used” by “people on the outside — as part of the campaign to try to intimidate the court.” Plus, too, the Justice reckons that those who were thought to be in the majority “were really targets of assassination.” Justice Alito is referring to the protests that began outside the homes of at least some of the justices in days between the leak of the Dobbs draft and the publication of the final decision. What an extraordinary interview. What a remarkable moment in the history of the court. And what constitutional courage for Justice Alito to speak forthrightly about it — and of the Dobbs majority for being prepared to take the risks.We aren’t suggesting that the Dobbs minority is without its own constitutional courage. The pro-life movement that emerged after Roe was generally a model of peaceful protest and was maintained for half a century before there emerged on the court a majority that grasped the error, or at least failure, of Roe. It did have a small violent faction, though, even if it more often targeted abortionists rather than judges.It was startling, in any event, to sense the silence on the left as the campaign of intimidation has been waged against the Supreme Court. It was bad enough when Senator Schumer threatened the court in 2020. “I want to tell you, Kavanaugh,” he declared. “You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.” Chief Justice Roberts reproved the remarks as “dangerous.”As the court moved toward a ruling against Roe, rhetoric from the left darkened, raising doubts about the court’s legitimacy and suggesting the “stench of politics” had permeated the justices’ deliberations. We warned nearly a year ago that such language was “fostering an atmosphere of hostility that could all too easily get out of control.” Even before the ruling in Dobbs, the leading lights of the Democratic Senate appeared to take it all in stride.After the draft ruling in Dobbs was leaked, and protesters began swarming outside the homes of the court’s conservative justices, Senator Hirono waved away any safety concerns. “There’s this thing called free speech,” she guffawed — though she opposed “any kind of violent actions, etc.” Senator Coons said “loads of people have protested outside my home too.” Mr. Schumer was “okay” with such protests “so long as they’re peaceful.”The arrest of an armed man outside the home of Justice Brett Kavanaugh, though, cast a darker light on these protests, which always had an undertone of intimidation. The culprit was reportedly upset about the leaked ruling overturning Roe and wanted to kill a Supreme Court justice, authorities said. No wonder Justice Alito now says, absent a security detail and an armored car, “I’m not really supposed to go anyplace by myself.”

Justice Alito’s Courage

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