On Tuesday, the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights held a hearing titled "An Ethical Judiciary: Transparency and Accountability for 21st Century Courts" to promote anything but ethics and transparency in the judiciary. The hearing was another effort to promote legislation that would impose unworkable recusal standards on the Supreme Court Justices and chill the speech of amici who want to make their voice heard on the most important legal issues of the day.
Witness Thomas Dupree explains how the Democrats' proposed legislation would chill the speech of amici who file briefs with the Court. pic.twitter.com/yqx320SEmR— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
As Professor Jennifer Mascott noted in her testimony: "Congress should not apply mandates and restrictions to the courts that would make courts resemble the political branches."
Professor Jennifer Mascott: "Congress should not apply mandates and restrictions to the courts that would make courts resemble the political branches."— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
Chairman Sheldon Whitehouse, the king of liberal dark money groups, sought to use the hearing to promote Democrats’ DISCLOSE Act and his 21st Century Courts Act, which would together treat unfairly conservative justices and conservative groups while allowing liberal dark money groups to go free. Senator Whitehouse argued that recent Supreme Court Justices were purchased and payed for by private organizations, yet he refused to admit that the confirmation of Ketanji Brown Jackson to the Supreme Court was purchased by liberal dark money groups such as Arabella Advisors and Demand Justice.
Democrats like @SenWhitehouse only see their own views as "legitimate." This is the foundation of everything from their attacks on the Supreme Court to their support for Orwellian institutions like the newly-formed Disinformation Governance Board.— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
As expected, the hearing was saturated with remarks concerning a draft opinion leaked Monday night of Justice Samuel Alito’s expected majority opinion to strike down Roe v. Wade in Dobbs v. Jackson Women's Health Organization. Chief Justice Roberts has confirmed the authenticity of the draft but clarified that the leaked copy does not reflect the final opinion of the Court.
JUST IN: The Supreme Court confirms the authenticity of the draft opinion revealed last night by Politico. The chief justice has ordered an investigation into the leak. pic.twitter.com/XZweHdyhCG— SCOTUSblog (@SCOTUSblog) May 3, 2022
The Democrat senators and their witnesses made it clear that they were more worried about what the leak means for their policy goals instead of the unprecedented damage such a leak can do to the Court’s legitimacy.
Senators on the Judiciary Committee have very different views on the #SCOTUS leak in the #DobbsvJackson case. @SenWhitehouse blames dark money’s influence to produce such an opinion by the Justices. @SenJohnKennedy highlights the damage the leak does to the Court’s legitimacy.— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
Answering a question from @SenJohnKennedy, Democrat witnesses Profs. Abby Wood and Amanda Frost deflect from the seriousness of last night's leak by complaining about the alleged substance of the ruling and now-AG Merrick Garland's failure to be confirmed to the Court.— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
Republican senators provided a dose of reality to the hearing by discussing how serious last night's leak was, especially in light of Democrats' years-long campaign to intimidate conservative-leaning members of the Court and delegitimize the institution as a whole.
As @SenTedCruz explains, Democrats and their allies have engaged in a years-long effort to intimidate members of the Court. Last night’s leak should come as no surprise.— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
Last night's leak was meant to"threaten, intimidate, and harass" the justices who signed on to the opinion. @SenMikeLee— RNLA ⚖️ (@TheRepLawyer) May 3, 2022
As Senator Josh Hawley noted, Democrats haven't batted an eye at liberal dark money groups who are vocally celebrating the leaker. Republican witness Thomas Dupree added:
They don't like what the Supreme Court appears poised to do. They basically want to tear the institution down. They want to dynamite the Supreme Court. They want to blow up the house. . . a direct attack on the integrity of the Court in order to achieve their preferred political outcome.
WATCH: Senator @HawleyMO discusses how the celebratory reaction from liberal dark money groups to this leak highlights why this is nothing more than a calculated attempt to try and destroy the independence of the Supreme Court. pic.twitter.com/yPrd7wQKqS— JCN (@judicialnetwork) May 3, 2022
As Chief Justice Roberts' statement noted, an investigation will now be opened into Monday night's leak. While we await to discover the leaker’s identity, one thing is well known: Democrats are waging an all out assault to undermine the legitimacy of the United States Supreme Court and will ignore every longstanding principle if it means they can achieve their desired policy outcomes.