Wednesday, May 04, 2022

what's funny about the current Roe kerfuffle

The current SCOTUS flap, in which a draft opinion about scuttling Roe v. Wade was leaked, probably by an irate leftie staffer, is tragic on several levels, not least being the lack of trust that has arisen within the Court. Glenn Reynolds, himself a law professor, suggested no longer hiring any law clerks:

Should the leak have come from a clerk, as many are speculating, the Court should probably stop hiring law clerks. The Justices did their own work for the first century of the Court, before clerks were introduced, and arguably their opinions were better. In fact, come to think of it, the Court should probably stop hiring clerks anyway. The original justification was that they would be a transmission belt bringing the latest legal thinking from law schools to the justices. Given the state of law schools today, that’s a bug, not a feature.

As I pondered this issue, a thought came to me: the Supreme Court is the one branch of government not obviously controlled by the rabid left (recall that a good portion of the so-called "conservatives" on the bench are actually crypto-liberal squishes: Roberts, Kavanaugh, Barrett). It's hilarious to see this nonsense happening on Biden's watch when everyone was so sure that Trump was planning to undo Roe during his term.



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