The supreme court draft decision that tosses out precedent, stare decisis, of Roe V Wade begins the constitutional crisis. And nothing less. So who leaked it and why? What was their motivation. What are the implications of the decision, and frankly what should be the response? 

The motivation is easiest to answer, left or right, the leaker wanted it out there for public reaction. Pro or con, the leaker wants people to react to what was written. So which side leaked it? The case can be equally made for both sides. For that matter, Chef Justice John Roberts might have been the one to do that, so he could gather votes to the side of stare decisis and uphold the precedent. No matter how you look at the leaker, the motivation won’t change.

 The implications are a lot more serious. No matter what happens to Roe, this ruling tosses out any hope of holding on to an impartial judicial branch. We just keep bringing cases until we get a court with ideological leanings that tosses out stare decisis. Boom, it’s all gone.

The first case that needs to be tossed under the bus? Marbury v Madison. The case that establishes the court in the first place. The court holds its position as the arbiter of law based on this stare decisis. Without such legal plank to hold the legal ship together, this ship of Theseus will hold no water, and worse, it never did. That is in itself enough to be a crisis in the republic. But it gets worse? 

Really? 

It has long been a matter of time before all nominees are asked about Roe V Wade and what is their stance is on the matter. It is not just Senator Susan Collins who was burned, but each one of them who testified under oath that Roe was precedent. Roe was stare decisis. What happens when you lie under oath? Perjury? Contempt of Congress. You have five supreme court justices who lied under oath. The very foundation of law is based on truthful testimony. If the supremes’ can lie whenever they want to, why cannot everyone lie? 

This judgement is the end of the supreme court, and the end of the system of justice. If it is affirmed on the record, it is the end of the Republic, for what republic can stand without a legal framework to hold it up.