With so many jumping in with assorted perspectives on the leak of the draft of the Supreme Court’s impending decision overturning Roe v. Wade, my voice is inconsequential. It changes nothing; it contributes nothing unique, it is less eloquent and less informed than so many other voices. Yet I feel some compulsion to get my very early inner rumblings out, not so much for any who might read but for my own inner peace.
What I am writing is neither a polemic nor a position statement. Rather, I am writing a personal witness to a giant sea change in the United States that is much more than the abortion debate on the past half century and more. This may be the highest profile of stunning cross currents, but I find it hard to imagine being higher profile than the events surrounding January 6, 2021, US public officials defending Putin and Russia invading Ukraine, refusal to address the epidemic of mass killings and violent street crime, or the deep divisions responding to the public health crisis of Covid-19. Yes, in markedly different ways, my perception is that each of these are signs of seismic shifting in the US cultural consensus.
Of course, observers have speculated about the direction of a pending Supreme Court decision based on the questions asked by the justices. To be sure, hints of what happens behind those closed doors have drifted about. However, the actual leaking, which seems to have been intentional, of a draft majority opinion before it is finalized and announced by the court is unprecedented. Perhaps even more than what becomes of Roe v. Wade, this has the potential of shaking the integrity of the court. I am interested to see if a leaker is identifies and what perspective and intent may have been behind the leak. The worst case would be one of the justices themselves, or a staffer with knowledge and direction of the justice. Was this someone trying to insure or prevent the overturning of Roe v. Wade? Even a carelessly left out copy is a profound failing.
One of the implications of the leak is that it has inflamed the already divisive atmosphere in the country. Since the decision is not officially final, it sets in motion efforts to influence, in conflicting directions, what will finally be announced. That casts a dark shadow over the independence and integrity of the court as above politics. We know that has never been pure, but now all illusion has vanished.
While I have no prophetic gift or special insight, I think a few observations are apparent to anyone who considers such things. First is that overturning Roe v. Wade will not end abortions in the US. I think it is safe to say that we can look forward to at least another half-century of fighting as states maneuver to position themselves as pure pro-life or as safe refuge for abortions. Court fights are bound to increase. I think this is an almost classic case of “be careful what you ask for; the results will not be what you expect or want.” I doubt it will be a clear victory for the pro-life movement nor the unmitigated horror the pro-choice movement fears. For one thing, the leaked draft is 98 pages long. We have yet to see what all is said in those pages.
Expecting
that this time might be coming, on December 4, 2021 I wrote about the prospects
of Roe v. Wade being overturned. Reading it today seemed a little eerie. In it
is a link to a piece I wrote on August 15, 2015 about my pastoral experience
surrounding abortion.
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