OPINION: 'Laws can be made, revised and unmade. It’s the nature of our democratic process. Loss of trust in and by our foundational institutions could, sadly, be far more durable,' writes columnist Ted Diadiun.
The U.S. Supreme Court is seen early Tuesday, May 3, 2022 in Washington. A draft opinion suggests the U.S. Supreme Court could be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide, according to a Politico report released Monday. Whatever the outcome, the Politico report represents an extremely rare breach of the court's secretive deliberation process, and on a case of surpassing importance.
If we cannot be confident that the Supreme Court can conduct its serious business with dignity and trust; if anyone with a personal agenda can decide to subvert the process by revealing confidential arguments prematurely – well, then, we have lost something vital to our society. It shouldn’t have happened, and it sabotaged the court’s ability to propose and fully examine its decision on one of the most divisive issues of the age, before making it public.procedure for its deliberationsAfter hearing the oral arguments in a case and conducting their research, the justices meet in a closed-door conference where the chief justice summarizes the case and expresses his opinion on what tack the decision should take.
The important thing is this: If the justices can’t trust their colleagues, clerks or the few office workers with access to their confidential communications, as they’ve been able to do for two centuries, then a critical part of the process has been lost.
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