Begin in May 2022, when someone leaked the draft of the opinion in Dobbs v. Jackson Women’s Health Organization, the case that would overturn Roe v. Wade. The most likely purpose of this leak was an attempt to rally abortion defenders and the news media into a mob that would save Roe by intimidating the justices or worse.As the mobs gathered outside the homes of conservative justices, Chafetz cheered them on because, well, he agreed with the mob that Roe was right.
The outcome he sought was saving Roe, so he supported the mobs that intimidated justices’ families and drove them from their homes, presumably because such threats and intimidation might convince a justice or two to flip to his side. And because Chafetz wants us to talk about substance, let’s talk about the substantive side Chafetz and his mob took here: that abortion should be outside of politics, that neither Congress nor state legislators should be allowed to legislate on the core questions regarding abortion, and that instead, the U.S. Supreme Court should set abortion law.
You’d be surprised, then, to read the professor’s op-ed in the New York Times this week and see the grounds on which he is attacking the Supreme Court: