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What does the Supreme Court leak mean for democracy?

Abortion rights supporters at the Supreme Court

Supporters of abortion rights gather in front of the Supreme Court on Tuesday.

Anna Moneymaker/Getty Images

On Monday night, Politico published a draft majority opinion from the Supreme Court that, if finalized, would overturn the landmark Roe v. Wade decision legalizing abortion. The leak of a draft opinion is unprecedented in the court's modern era and has sparked debate over who leaked the draft, why it was leaked, and what it means for the court and the nation.


For many court observers, the leak may do long-lasting harm to the Supreme Court.

Others have attempted to put the leak into some historical context.

Conservatives want an investigation into the leak, which many think was orchestrated to put pressure on the court's majority to change its stance before issuing the final opinon.

But some experts see a different motivation behind the leak, or at least a different result.

And others want everyone to take a deep breath and think about the bigger picture.


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First Amendment being torn

First Amendment text of the US Constitution ripped in half -- Freedom of Speech , Religion or Press unconstitutional concept

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Lawsuit Says Press Access Is Essential to Democratic Accountability

When POLITICO, CNN, and MS NOW announced Monday that they were filing a federal lawsuit to restore their reporters’ access to the White House, they challenged more than the sudden and unexplained revocation of press credentials. They underscored a fundamental constitutional principle: a free press does not operate at the government's discretion.

According to their joint statement, the outlets are seeking urgent relief after the Secret Service denied their reporters entry to the White House complex on Saturday and confiscated their credentials. The action followed recent stories by these outlets examining the administration’s handling of classified documents and raising questions about transparency related to policy meetings. They wrote, “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”

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Gavel on top of binders

A full rundown of this week's congressional action: 7 bills headed to the President, a stalled data center bill, and the votes lawmakers wanted on record.

May Lim / 500px/Getty Images

House Crams in Votes Before Extended Break

The House wasn’t expected to stay in session past this week and, in fact, they left a day early after Rep. Massie (R-KY4) introduced an impeachment resolution against Secretary of Defense Pete Hegseth. Nonetheless, they powered through many more votes than usual. We’ll cover the seven soon-to-be new laws and the bills of interest we highlighted in this week’s preview. As is its usual function, the Senate mostly acted as a break on legislation that had passed the House.

New Laws

These bills have all passed both chambers in identical form, so they next go to the President for signing.

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Cardboard ballot box with a voter slip being placed into it by a hand, with a blue and red coloured background.

Cardboard ballot box with a voter slip being placed into it by a hand, with a blue and red coloured background.

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The Leverage Ethic and the Spirit of Tripartisanship

I made the immodest proposal in my edited interdisciplinary volume Leveraging: A Political, Economic, and Societal Framework that the contemporary analogue to what Max Weber called the "Protestant Work Ethic" in The Protestant Ethic and the Spirit of Capitalism was what I called "the Leverage Ethic."

Moreover, I suggested that the Leverage Ethic has more or less replaced what the late Harvard sociologist Daniel Bell called the "Consumer Ethic" in his classic book The Cultural Contradictions of Capitalism, which he argued more or less replaced the Protestant Work Ethic.

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Lorraine Marquez Eiler

Lorraine Marquez Eiler, a Hia-C’ed O’odham elder, listens as Tohono O'odham Chairman Verlon Jose speaks during a news conference at the Quitobaquito Springs site on Monday, Aug. 24, 2026.

Stephanie Casanova

“We Will Not Let This Destroy Our Sacred Sites”: Indigenous Leaders Fight Trump Administration’s Border Wall

Standing near the pond at Quitobaquito Springs, Lorraine Marquez Eiler, a Hia-Ced O’odham elder, shared how her ancestors held ceremonies at the sacred site — a desert oasis in a national park that the federal government is set to bulldoze for a new border wall.

She pulled out a photo of her great-great grandparents and her great-grandparents, who would walk about 50 miles through the Sonoran Desert to the springs. The O’odham call the water flow A’al Vaipia. She showed the image of her ancestors to a group that included Indigenous leaders and a U.S. congressional representative — all there on Monday to condemn the border wall construction.

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