[Congressional Record Volume 168, Number 74 (Wednesday, May 4, 2022)]
[Senate]
[Page S2296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                           U.S. Supreme Court

  Mr. THUNE. Mr. President, Monday's leak of a draft opinion in the 
Dobbs Supreme Court case was an unprecedented and deeply disturbing 
breach of confidentiality that almost always surrounds Supreme Court 
deliberations. It is difficult to think this was anything but an 
escalation in the radical left's campaign to bully the Supreme Court 
into delivering decisions in line with the priorities of the Democratic 
Party. From Court-packing threats to threats from the Democratic leader 
himself that were directed to specific Justices, attempting to 
intimidate the Supreme Court has become par for the course for 
liberals, but Monday's leak represents a new low.
  Almost as disturbing as the leak has been the reaction from my 
Democratic colleagues. Their hysterical comments have been focused 
almost entirely on the prospect of their getting an outcome they don't 
want in the Dobbs case. I have seen almost no concern about how the 
leak will affect the integrity of the Supreme Court as an institution, 
and their activist base has gone out of its way to praise the leaker.
  More than one Democrat has actually called for undermining the 
integrity of the Supreme Court by packing the Court with additional 
Justices. Yes, that is the result of what happened yesterday among 
Democrats. More than one Democratic Senator believes that the proper 
response to a Supreme Court decision you don't like is to add 
additional Justices to the Court until you can be confident that you 
will get the outcomes you want.
  Other Democratic Senators have proposed undermining the integrity of 
the U.S. Senate by abolishing the Senate filibuster rule--again, in 
order to be sure that they can get the legislative outcome they want in 
response to this possible decision in the Dobbs case.
  Mr. President, regardless of what side you are on in this debate, you 
should be willing to stand up for the rule of law and the integrity of 
our institutions. That shouldn't be a partisan issue. Our system of 
government depends upon the rule of law, which is based upon an 
independent judiciary, free of political pressure or partisan 
influence.
  Do Democrats really want a future in which Supreme Court decisions 
are made based on political pressure or bullying rather than on the 
Justices' impartial application of the law and the Constitution to the 
case before them? Maybe they do. But if they continue to push in that 
direction, they will end up sacrificing our system of government in the 
process.
  Mr. President, I have strong beliefs in any number of issues, 
including abortion, but above all, I believe in our system of 
government and in the rule of law. While I will fight passionately in 
support of the causes I believe in, I will not sacrifice the integrity 
of our institutions for what would ultimately be nothing but temporary 
political gain. It is starting to seem like most of my Democratic 
colleagues disagree with that position. That may possibly be a recipe 
for political success, but it is also a recipe for destroying free 
government.
  I am glad that Chief Justice Roberts has taken steps to investigate 
this unprecedented breach of trust at the Court, and I hope that he 
will receive the full support of the Department of Justice should this 
turn out to be a criminal matter. It is difficult to overstate how much 
this breach could erode trust among Justices and Supreme Court staff, 
and I hope the damage is minimized by a quick identification of the 
party responsible. I hope every one of the Justices will continue to 
feel free to do their jobs and follow the facts, the law, and the 
Constitution.
  At least one Democrat has suggested Republicans are spending more 
time commenting on the leak than on the content of Justice Alito's 
draft because we are somehow scared to talk about our pro-life 
decision. Let me be perfectly clear: We are not. I am proud to defend 
the right to life, and I know my colleagues are as well.
  I think most of us have refrained from commenting because we don't 
yet truly know the outcome. But I will say this. I hope Justice Alito's 
opinion ends up being the majority opinion. As I have long believed, 
Roe v. Wade was a terrible decision by an activist Court that reached 
far beyond the Constitution and the Court's interpretive role to impose 
a new abortion regime on the entire country. I hope the Supreme Court 
overturns Roe and returns the question of abortion to the American 
people and their elected representatives, where it belongs.
  The fight to defend life is in keeping with our highest ideals, our 
passion for justice, our dedication to human rights, and our compassion 
for the innocent and the vulnerable. I am grateful for all the 
Americans who have fought to make sure the right to life of vulnerable 
human beings is protected and have spent their time and their resources 
helping moms in need. I look forward to a day, which I hope is soon 
approaching, when innocent, unborn Americans will enjoy the full 
protection of the law.
  I yield the floor.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. BARRASSO. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.