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Leak, Roe vs. Wade, laughable standards

By Charles David Sliger - Special to T-G
Posted 5/14/22

The recent disclosure that a leak to the public has occurred—one disclosing the upcoming ruling by the Supreme Court on the constitutionality of the Roe vs. Wade abortion …

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Leak, Roe vs. Wade, laughable standards


The recent disclosure that a leak to the public has occurred—one disclosing the upcoming ruling by the Supreme Court on the constitutionality of the Roe vs. Wade abortion case—is only one of several sensational occurrences involving the Court.  

One of the more impacting, in history, was President Lincoln’s suspension of the writ of habeas corpus on May 27, 1861, with the military arrest and incarceration in a military prison of John Merryman who was arrested on May 25, 1861, by federal troops and charged with treason.  

Lincoln founded his decision on Article 1, section 9, of the U.S. Constitution which specifies that the writ may be suspended . . . “when cases of rebellion or invasion the public safety may require it.” This action by Lincoln came about after a series of traitorous behavior and riots by individuals in Maryland during the Civil War.  

These acts are past examples of the recent cowardly, criminal, Antifa actions in American cities. Maryland was a slave state with a democrat-controlled government and in general presented a serious threat to the U.S. military via armed rebellion threats and demonstrations.  

Of course, the Democrats immediately took umbrage at the suspension of this sacred Constitution article and the chief justice of the SCOTUS, Roger Taney, ruled that Lincoln’s action was unconstitutional and that only the Congress of the United States had the power to suspend the writ; which on its own constitutional merits was correct.  

However, Lincoln ignored the ruling and left the writ suspension in effect, but after consideration and fearful that Maryland, being a slave state and democrat-governed, could very well secede and join the Southern States in armed rebellion, softened his stance somewhat and remanded Merryman to civil authorities. Merryman never went to trial and in 1867, the charge of treason against him by the U.S. Government was dropped.  

Another sensational Supreme Court ruling, rendered by Chief Justice John Marshall, was the famous decision against President Andrew Jackson, ruling his passage of the Indian Removal Act was unconstitutional in that the indigenous American Indians were in fact a sovereignty and not liable to United States’ laws.  

Jackson in his famous alleged statement (but not exactly historically proven) stated, “John Marshall has made his decision, now let him enforce it.” In reality, however, Jackson ignored the ruling and the Cherokee Indians were removed to the western Oklahoma Indian territory via the infamous Trail of Tears and the resultant death of some 4,000 Cherokee Indians.  

Of course both Lincoln and Jackson were cognizance of the fact the SCOTUS, as ordained by the Constitution, has absolutely no enforcement powers to enforce the implementation of its decisions. The Framers of the Constitution were very explicit in implying the SCOTUS cannot write federal laws (only the US Congress can write federal laws) but can only interpret the law, determine its constitutionality, and apply it to individual cases.  

In conclusion, the recent ongoing, chaotic, fiasco over the leak of the upcoming Roe vs. Wade decision has flamed into a threat to the independent and laughable “unpolitical” standards of the Supreme Court that is raging across America, and probably foreign nations as well. It’s causing a furor in Washington and with all the liberal media.  

Of course, the misinformation-issuing liberal media never misses a chance to jump on any vessel that can enforce their slavering, unfaltering, praise to the doting and mentally incompetent President Biden. As well, perhaps lessen the impact of his dismal ratings on the fairyland hopes and dreams of the Democrats in the upcoming midterm elections.  

However, all rhetoric aside, this leak is unique in its nature and is definitely a breach of policy for all law clerks and other employees of the SCOTUS who are privy to the undisclosed decisions of the Court. If the culprit(s) are found, they should not only be fired immediately, but should be charged with federal violation of the integrity of their position.  

In fact, present Chief Justice Roberts has lectured law clerks that leaks “will be punished severely.” But I would beg the question, just how, Chief Justice Roberts, will you bring about this punishment if the perpetrator is found?  

Can you imagine the turmoil and chaos resulting from public trial or tribunal—especially if brought before the US Congress? Can you imagine the self-flagellation and indignation of the “Squad” and their fellow liberal Democrats posturing and gesturing and in all probability, calling for a national memorial for the criminals and declare them national heroes?  

It is a sad state of affairs that our beloved country has devolved into a nation wrought with rioters, criminals, and murders running rampart with absolutely no fear of being brought to justice and now, the absurdity of a decision of the Supreme court being leaked to the public before it is even finalized.  

If we don’t change the course of our great nation, it could be sadly true that President Lincoln’s poignant words to Congress at the onset of the Civil War will come back to haunt us. Lincoln stated: “If we do not join now to save the good ship of the Union this voyage nobody will have a chance to pilot her on another voyage.” So true.