Leaked Draft Overturning Roe v. Wade Plunges Supreme Court Into Disarray

Well, that was the plan along, right?

Previously, "Abortion Fight Takes Center Stage on Capitol Hill, Campaign Trail."

And at the New York Times, "A Supreme Court in Disarray After an Extraordinary Breach":

The leak of a draft majority opinion overruling Roe v. Wade raises questions about motives, methods and whether defections are still possible.

WASHINGTON — Sources have motives, and the leaked draft opinion overturning Roe v. Wade raises a question as old as the Roman Empire. Cui bono? Who benefits?

Not the Supreme Court as an institution. Its reputation was in decline even before the extraordinary breach of its norms of confidentiality, with much of the nation persuaded that it is little different from the political branches of the government. The internal disarray the leak suggests, wholly at odds with the decorum prized by Chief Justice John G. Roberts Jr., was a blow to the legitimacy of the court.

Relations among the justices, too, on the evidence of questioning at arguments and statements in opinions, have turned fraught and frosty. “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” Justice Sonia Sotomayor asked when the challenge to Roe was argued in December, as it became clear that five justices were ready to overrule the decision.

The fact of the leak cannot be separated from its substance. Only a move as extraordinary as eliminating a constitutional right in place for half a century could transform the court into an institution like any other in Washington, where rival factions disclose secrets in the hope of obtaining advantage.

“Until now, a leak of this kind would have been unthinkable,” said Peter G. Verniero, a former justice of the New Jersey Supreme Court. “The protocol of our highest court has been seriously ruptured. The leaking itself reflects another sad step toward casting the court as a political body, which, whatever your preferred jurisprudence, is most unhealthy for the rule of law.”

The court sustained collateral damage in March, when it emerged that Virginia Thomas, the wife of Justice Clarence Thomas, had sent incendiary text messages to the Trump White House in the weeks leading up to the Jan. 6 attack and that Justice Thomas not only had failed to disqualify himself from a related case but also had cast the sole noted dissent.

The harm from the leak was more direct, raising questions about whether the court is capable of functioning in an orderly way.

Justice Samuel A. Alito Jr.’s draft opinion is dated Feb. 10, or almost three months ago. Under the court’s ordinary practices, additional drafts have circulated since then, as Justice Alito refined his arguments, made changes to accommodate his allies, responded to criticisms in one or more draft concurrences or dissents — and, crucially, worked to make sure he did not lose his majority.

The draft was marked “opinion of the court,” meaning it was intended to reflect the views of at least five justices. Politico, which obtained the document, reported that five members of the court had voted to overrule Roe soon after the argument in December: Justices Alito and Thomas and the three members of the court appointed by President Donald J. Trump — Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett.

Those five votes were in keeping with the questions those justices asked at the argument. They were also consistent with Mr. Trump’s vow to appoint justices who would overrule Roe, which established a constitutional right to abortion in 1973.

That lineup remains unchanged as of this week,” Politico reported.

Still, Justice Alito was no doubt worried that Chief Justice Roberts, who sketched out a middle-ground position at the argument, might threaten his majority. The chief justice suggested that the court could uphold the Mississippi law at issue in the case, which bans abortions after 15 weeks, but stop short of overruling Roe outright...