Top-rated conservative author and talker Mark Levin blasted the still-unknown person who leaked a preliminary draft decision by the U.S. Supreme Court indicating a majority of justices have decided to overturn Roe v. Wade, calling it a direct assault on one of the last remaining government institutions that hadn’t been politicized.
During an interview on Tuesday’s “Fox & Friends” morning program, Levin — whose “Life, Liberty, and Levin” airs on the network Sunday evenings — addressed Monday’s leak of the opinion written by Justice Samuel Alito addressing the 1973 opinion that legalized abortion in all 50 states.
“When you conduct yourself in an utterly lawless way, attacking the institutions of this country, attacking the founding documents of this country, attacking the history of this country, this is what you get: lawlessness,” Levin said.
He added, “It’s just a matter of time. All these institutions are going to collapse. This is a grave assault on the Supreme Court.”
The Blaze adds:
Levin recalled a time when he was an intern to late Chief Justice Warren Burger while attending law school and said that he can’t fathom how the leak occurred after having seen the lengths to which the institution went to preserve the integrity of confidentiality.
“I saw how it operated, and I can tell you this institution takes its confidentiality seriously. Why? That’s the coin of the realm,” Levin explained. “They’ve got to be able to talk about ideas freely. They’ve got to be able to discuss this without political pressure. Why do people think these are lifetime appointments?”
The former Reagan Justice Department chief of staff went on to correctly note the Democratic Party is complicit in “destroying this country” and added they are fighting Republicans every step of the way.
“Of course, the Democrat Party is destroying this country,” he reasoned. “Look at the confirmation process. It started with Bork. The Democrats targeted him under [Sen. Ted] Kennedy and Biden, and it moves on to others, including Clarence Thomas, including Kavanaugh. Republicans don’t treat Democrat nominees this way. They may object to them. When you say the Supreme Court doesn’t look like America, you’re undermining the credibility of the court.”
— MRCTV (@mrctv) May 3, 2022
The draft opinion was leaked to Politico, which reported on the preliminary opinion written in February.
Roe was egregiously wrong from the start,” Alito wrote.
“We, therefore, hold the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito writes in the document, labeled the ‘Opinion of the Court.’
Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months,
The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion. It’s unclear if there have been subsequent changes to the draft.
No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.
The draft opinion offers an extraordinary window into the justices’ deliberations in one of the most consequential cases before the court in the last five decades. Some court-watchers predicted that the conservative majority would slice away at abortion rights without flatly overturning a 49-year-old precedent. The draft shows that the court is looking to reject Roe’s logic and legal protections.