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New York Times columnist Jamelle Bouie dismissed outrage Friday over the leaked Supreme Court draft opinion on Roe v. Wade and claimed the leak finally reveals the true nature of the court that Republicans have been hiding – that it is an “avowedly partisan” and “unaccountable super-legislature” they singularly control.
That being the case, Bouie argued that the court’s decisions can be rejected if the public doesn’t like them, and dismissed Republicans who have expressed outrage over the leak.
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Sen. Mike Lee, R-Utah, speaks during the news conference in the Capitol on Tuesday, July 20, 2021, to announce legislation which would require the president to consult with congressional leaders and obtain congressional authorization before exercising certain national security powers.
(Bill Clark/CQ-Roll Call, Inc)
“The Supreme Court is, and has always been, a political body,” he wrote, and he further described it as “an avowedly partisan institution, an unaccountable super-legislature controlled by men and women drawn from a cadre of conservative ideologues and apparatchiks, acting on behalf of the Republican Party.”
The columnist then denied the court’s legitimacy, writing, “Whatever legitimacy it had retained was sacrificed in the drive to build the majority that seems poised to overturn Roe v. Wade.” He further trounced the institution, saying “the court’s conservatives have done almost nothing to dispel the view that their majority is little more than the judicial arm of the Republican Party.”
Bouie then argued that President Donald Trump, a president he claimed lacked “democratic legitimacy,” “used his power to pursue the interests of a narrow ideological faction, giving its representatives free rein to shape the Supreme Court.” In such a way, “the court, then, is stained by the same democratic illegitimacy that marked Trump and his administration,” Bouie argued.
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A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022 in Washington following reports of a leaked draft opinion by the court overturning Roe v. Wade.
(AP Photo/Anna Johnson)
“Republicans seem to know this, and it helps explain why they’re so angry about the leak,” he wrote, adding that, “They hope to write conservative ideology into the Constitution. For that to work, however, Americans need to believe that the court is an impartial arbiter of law.”
Bouie then claimed that the leak throws a wrench into the GOP’s designs. “The leak throws that out the window. The leak makes it clear that the Supreme Court is a political body, where horse-trading and influence campaigns are as much a part of the process as pure legal reasoning.”
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FILE – In this April 23, 2021, file photo members of the Supreme Court pose for a group photo at the Supreme Court in Washington. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Before the Supreme Court this is week is an argument over whether public schools can discipline students over something they say off-campus. (Erin Schaff/The New York Times via AP, Pool, File)
He then made concluded his piece with a strong insinuation that the American public should “reject” the court’s authority. “If the court is a political body — if it is a partisan body — then a roused and unhappy public may decide to reject its judgments and authority.”