The Left's Assault on the Supreme Court Continues

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.

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."

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. 

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.

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.

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 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.

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.