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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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Collage by Alex Bandoni/ProPublica. Source images: Bloomberg/Getty Images, Firearm Transaction Record Form via U.S. Department of Justice and Alec MacGillis/ProPublica.

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adamkaz/Getty Images

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This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

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Richard Sharrocks / Getty Images

Fraud, Funding, and FISA

Fraud

This week in the House is Fraud Week based on the large number of bills likely to receive a vote that in some way are intended to decrease or eliminate many different kinds of fraud. Example bills up for a vote include:

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Bill Clark/Getty Images

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When the Lines Began Moving Faster Than the Law

On May 4, Governor Ron DeSantis signed Florida’s new congressional map into law. The Legislature had passed it five days earlier, 83 to 28 in the House and 21 to 17 in the Senate. The map redraws four districts in ways that election analysts project would shift them from competitive or Democratic-leaning to safe Republican, potentially expanding a delegation Republicans already control 20 to 8.

The same day the Legislature voted, the Supreme Court decided Louisiana v. Callais. The Court ruled 6 to 3 that Louisiana’s majority-minority district could not survive Equal Protection scrutiny under the standards applied by the majority. In her dissent, Justice Elena Kagan wrote that the ruling “renders Section 2 all but a dead letter” in redistricting.

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