Welcome, welcome, welcome! Ed Martin here on the Pro America Report. Boy, oh boy, what a busy day. What an interesting day. What a lot to say. We’ll get right to a couple of great interviews today. It’s kind of thefederalist.com the federalist.com day.
I’ve got two interviews with Joy Pullman is one of them and the other one is a new author who I had on the program, Madeline Osburn. So that’ll be great. We’ll talk to them. They both write over at the Federalist a couple of key topics, one about Planned Parenthood and the other about what exactly is happening with Disney. So we’ll cover that. Alright.
First, what you need to know, the big news, everybody’s hearing and everybody’s seeing it. Everybody knows it. The big news is this leak.
There is a leaked draft opinion from the US Supreme Court that has now been authenticated by the United States Supreme Court’s chief justice who put out a statement earlier in the day on Tuesday saying, yes, it’s authentic, but it’s a draft, an early draft and it’s not anything that you can go on. And then he goes on to say there’s going to be an investigation into who leaked it. So there’s a lot to say here.
First of all, the leak is of a five to four opinion that looks like five of the justices will reverse Roe v. Wade and Casey and others.
It’s a big deal, but that’s kind of what people knew, to be honest.
And it’s kind of like trying to predict what the score is going to be of a game before the game is over. Like it reveals something. Obviously it was a February draft, but I wouldn’t rely on what the draft says. I wouldn’t spend too much time on what the draft says. It’s a little misleading.
Now, the leak part is what you need to know how outrageous this is. And first of all, let me set this up for some of us, a lawyer like me especially, but some of us, just in conservative circles for the last 30 or 40 years, we’ve watched as judicial tyranny has seemed to take control. In fact, Phyllis Schlafly wrote a couple of different books in which that was a big focus, including The Supremacists, about judges who were doing far too much, Who Killed the American Family, has a lot on the judges. We have had a situation where the popular opinions or better said the duly elected officials in a democrat republic and in our state level and local level who should have the say over passing laws have been shortchanged, have been shortcutted – can’t be the right word. Shortcut. There has been a shortcut where the left has said, oh no, we don’t want to rely on actually passing legislation and winning an argument. We’ll just get the courts to do it. And so on major issues, Roe v. Wade is a big one and all the cases that followed after it.
For 50 years now, they’ve been using that – that was made up from whole cloth. Another one more recently is Oberi – Obergefell. Obergefell is the case that created a right to a marriage, gay marriage that had failed on the ballot in about 35 States or so in 2004. But a few years later, using the Supreme Court, they got it through. The definition of sex and gender is happening through the Supreme Court. You could pick almost any topic and you can see that the left has tried where they cannot win by the popular will of the people. Or again, more accurately, it’s not so much that we want the popular will to always carry the day. We have a system of checks and balances that actually allow protection for the minority against the majority. That’s one of the beauties of our system.
But our system does require that when the democratic republic, when the democratically elected, in the case of the National Federal Party, it’s a Republic. But in state levels, you’ll have direct election of representatives at the state house or state Senate and even local level, when they have a chance to pass laws or pass rules, which are laws, and sometimes they’re called ordinances or something at the local level, they’re allowed to do it.
That’s the system. And we’ve watched judges overturning that.
So when it was convenient, when it was desirable, the US Supreme Court was revered as the ultimate authority. Roe v. Wade, Casey, Obergefell, other cases that have to do with the left’s priorities.
Now, in my opinion, this is my opinion, faced with a court that is conservative, at least five to four, sometimes six to three, the left has decided, ah, we better subvert the court.We better damage the Court’s credibility. We better confuse people about what’s going on. We better leak documents – unprecedented toleak an opinion and cause anxiety. The media will play along. The media will join. The big tech will join.
A leaked document! There was no slowing down on the leaked document’s authentication. They didn’t authenticate Hunter Biden’s laptop, but they sure did jump in and say, oh, it’s good enough. Last night it was on Monday night, late Politico had a copy and they put it out and everybody ran.
Anyway, what you need to know is that this effort to diminish the Supreme Court is intentional.
Now, you’ll hear some of the great commentators on this, and I like, by the way, reading him on social media, I don’t listen to his show, but Jesse Kelly has a great presence on social media, and I assume it’s a radio show too. But Jesse Kelly often talks about the communists. They just hate us and they want to destroy our stuff. Well, there’s probably some of them that want to do that. I believe him. I think he’s right. There are communists. They do hate our institutions. They hate the truth.
But mostly what communists like is chaos.
And mostly what the left likes is power.
And when they’re losing power on the left, they’ll take chaos. In other words, when they had control, when they had the power, when they had the Court on their side, they were all for it. Give awards, announce how important they were a historic when they’re losing power and they can’t use their power crassly against we the people, then just gut the place, make the place look like it’s undermined and make it look inconsistent, and make the justices look like they’re negotiating and leak and all that. It’s classic, meant to destroy and diminish an institution and drive down the confidence of we the people in each other and the institutions.
It’s just terrible stuff.
Now, I have listened. Mike Davis is a commentator. He’s the founder of The Article III Project for constitutional judges, and he said, look, it’s going to have the opposite effect because in effect, the public now knows that five people are on board to overturn Roe v. Wade and Doe v. Bolton and Casey. Mike Davis’s point is, if you thought you were going to pressure five people to change their mind, that’s probably the opposite, because now they’re publicly identified, they already got the downside. There’s no reason. But it’s really unfair. It’s really a bad system when this happens.
What you need to know is it’s really a brutally hard power politics because some people are crazy, intensely crazy about what they see, and they will quite literally talk about and you’ll see it on social media hurting justices that they don’t agree with. Right? Now, there’s lots of security. My office is only a few blocks from the Supreme Court. I sometimes go to Church across the street and I see one of the justices there, and he’s always got security sitting in the back of the place.
But you can bet your bottom dollar this kind of leak, eight weeks before the Court would have published their opinion, right before an election where everything’s going wrong for the Democrats on the economy, on managing how we’re functioning, on people’s satisfaction with the President, on people’s satisfaction with education, on and on and on.
We have a situation where the Democrats, let’s say it better. The people in power are not succeeding. We’ve talked about this before and now they do this and you say, well, is it a distraction? It might be a distraction, but it’s nasty, right?
I went by the Supreme Court. There’s people protesting on both sides. It’s hot button nasty. And again, it’s not the disagreement on the issue.
We haven’t even gotten to that. Roe v. Wade and Casey being reversed means it goes back to the States. There’s no ban of abortion that anybody’s talked about, at least at the federal level. There is in different States. But that’s part of the argument. Again, that’s the argument for our system of governing and living together, that we work it out.
When you short-circuit it like they did with a leak, unheard of, some people are saying, oh, well, Roe v. Wade, the original Roe v. Wade was leaked. You’ll hear that. The commentator is saying it’s not that unusual.
No, there’s never been something like this because Roe v. Wade was leaked, meaning an hour before it came out a clerk gave a copy of the finished opinion Roe v.Wade to a journalist and said, don’t publish this until it’s released. The release of it from the court was delayed by about 2 hours. And the New York Times or AP or somebody published it about an hour before; that’s different than leaking a draft that’s different than leaking a draft of a decision on the hot button issue that’s never happened.
It didn’t happen on Obergefell, which is the gay marriage case. It didn’t happen on anything else like this. Not never. It’s never happened on the cases that had to do with war, on war powers and even Gitmo. All those things never leaked when there was left and right, all sorts of sides.
It’s a brutal power play. And what you need to know is there is a whole conversation to have about what it means if and when Roe v. Wade is reversed.
But today, what we ought to be having a conversation on is who did this? Why did they do it? How can they be held accountable?
This is much more like insurrection. This is much more like treason and messing with the lives of the nine justices as well as the system than anything I’ve seen on January 6, on Trump’s election day when there was rioting, even on the George Floyd riots.
There’s nothing that’s been like this – this leak – for destructive, damaging conduct.
It’s breathtaking. And you know, at the end of Chief Justice Roberts’ opinion, statement today, confirming the authenticity of the draft opinion, he said, I have asked the marshalls to investigate.
We’ll see. They better get to the bottom of this one. People are so sick of the lack of accountability for bad actors. We’re just sick of it.
Alright everybody. We’ve got to go. We’ll take a break and we’ll be right back. We’ve got a great show. It’s Ed Martin here on the Pro America Report. Don’t forget to visit ProAmericaReport.com. Be back in a moment.
