Protests In People’s Yards

Virginia Kruta, columnist at the Daily Wire

Everyone is still up in arms over the leaked early-decision draft, written by Justice Samuel Alito, that suggested the Court might be preparing to strike down the landmark abortion rulings in Roe v. Wade and Planned Parenthood v. Casey. And for the left, being “up in arms” means taking to the streets — specifically, the streets outside the private residences of sitting Supreme Court Justices.

For just a moment, let’s set aside the fact that the state of Virginia (where at least three justices live) has laws against picketing and protesting in front of private homes. Let’s set aside the fact that even though none of the protesters have resorted to violence, most could reasonably be charged with “disturbing the peace.” Let’s even set aside the fact that the protests are a direct violation of 18 U.S.C. 1507. Because the real problem goes a little bit deeper. The real problem isn’t just the fact that the protests are happening – it’s why the protests are happening: pro-abortion activists are clearly hoping that if they apply enough public pressure, the court will not go ahead with the decision in the leaked draft (which may or may not be the final decision anyway).

Why is that a problem? Because the Judicial Branch of the United States government is independent by design. It is meant to exist above the political fray and to be beholden only to the law. It is not meant to bend to political whims or be driven by public sentiment. Ever. If these protesters believe that carrying the right sign or screaming loud enough will intimidate the court members and influence their final ruling, then they don’t understand the importance or the need for the judiciary to preserve that independence. But what’s worse: if the court members are ultimately pressured to change their decision, it’s the Justices who don’t understand it.