Supreme Court Justice Elena Kagan said that the leak of the draft of the Dobbs decision overturning Roe v. Wade was “horrible” and “shocking” and added that she expected an update on the investigation soon.
Kagan made the comments during a conversation at the Temple Emanu-El’s Streicker Center with U.S. Appeals Judge Alison J. Nathan.
“I don’t know anything. I suspect my colleagues don’t know anything, except for the chief justice maybe, about what the investigation has turned up if anything,” said Kagan, referring to Supreme Court Chief Justice John Roberts.
She went on to say that the court depends on deliberation “and you can’t do that if you know that you might wake up tomorrow morning and there is a decision and it is on the front page of newspapers.”
The leak of the Dobbs decision was unprecedented and excoriated by many who saw it as an egregious violation of the rules of the Supreme Court.
Some have theorized that it might have been leaked in order to animate pro-abortion activists to pressure the conservatives on the court to drop their support for the overturning of abortion rights. The leak inspired many on the left to harass members of the court at their homes and in public places.
Kagan went on to give a veiled critique of the Dobbs decision while claiming she wasn’t singling out any one judge or ruling.
“I think judges create legitimacy problems for themselves – undermine their legitimacy – when they don’t act so much like courts and when they don’t do things that are recognizably law,” she continued.
Kagan was nominated to the court by former President Barack Obama in 2010.
Here’s more about the overturning of Roe v. Wade:
Glenn: If overturning Roe v. Wade costs us the 2022 election, ‘THEN FINE’