When the draft of the Supreme Court ruling that would overturn Roe v. Wade leaked to the press, the conservative justices who signed on to the majority opinion suddenly wore bigger targets on their backs. The very real threat of assassination hung over them like a coming thunderstorm.
And still their pro-abortion colleagues stalled the release of the official ruling for weeks, putting the justices’ lives at increased risk, as detailed in Mollie Hemingway’s new book on Justice Samuel Alito and reported Saturday by Fox News.
Alito is the justice who wrote Dobbs v. Jackson Women’s Health Organization, the ruling ending nationalized abortion.
“Alito asked the dissenters to make the completion of their dissents their priority because delay of the decision was a security threat,” Hemingway, The Federalist’s editor-in-chief writes in Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution.“Abortion supporters had an incentive to kill one or more of the justices in the majority to change the outcome.”
The dissenters — Justices Stephen Breyer (counting down the days until his retirement at the end of the 2021-22 term ), Elena Kagan, and Sonia Sotomayor — “demurred,” Hemingway reports. Justice Neil Gorsuch asked the liberals when they expected to be wrapped up. They refused to provide a date.
The tension and the threats escalated.
‘Serious Security Risk’
On May 2, 2022, accomplice media outlet Politico published the 98-page draft of Dobbs. The unprecedented leak set off a wave of leftist protests and a literal firestorm of pro-abortion-led violence. Six days later — on Mother’s Day — a radical who was eventually arrested thanks to a half-eaten burrito firebombed the Madison headquarters of Wisconsin Family Action, a Christian pro-life, pro-family organization.
“In the ensuing weeks, hundreds of pregnancy centers, churches, and pro-life organizations would be vandalized, some even set ablaze,” Hemingway wrote. Protesters also lined the streets and sidewalks outside the conservative justices’ homes.
More than a month after the leak, Nicholas Roske, 26 at the time, arrived at Justice Brett Kavanaugh’s home with murder on his mind. In his possession were a Glock pistol, ammunition, zip ties, a tactical knife, pepper spray, a hammer, duct tape, and more accoutrements, according to the criminal complaint. Roske said he was going to stop Roe v. Wade from being overturned by getting rid of a judge — or three — that voted to stop the deeply flawed 1973 ruling legalizing abortion nationwide.
“Everyone knew that the leak posed a serious security risk for justices. Since decisions do not take effect until issued officially from the bench, the death of a justice before then could alter the result. The threat of assassination increased dramatically,” Hemingway writes.
It took 53 days to finally release the Dobbs decision. Despite the growing threat to their colleagues, the liberals on the court refused to listen to urgent pleas to complete their work, Hemingway reports.