Former Supreme Court Justice Stephen Breyer said he would be “surprised” if his fellow justices leaked the court’s draft decision overturning Roe v. Wade in 2022, which effectively ended recognition of the constitutional right to abortion. Told.
“Do you know what the leakers’ motives were?” NBC’s Kristen Welker asked Breyer in an interview on “Meet the Press” on Sunday.
Breyer declined to give a direct answer, saying he had a theory but didn’t want to discuss it at length. Breyer, who will retire in 2022, spoke about who he thought did not leak the draft opinion.
“I would be surprised if it was a judge,” he said.
Breyer’s comments came during an interview about his new book, “Reading the Constitution: Why I Choose Pragmatism over Textualism,” which criticizes the conservative judges who ruled to overturn Roe v. Wade. It was done.
Former SCOTUS judge Stephen Breyer calls Dobbs decision leak ‘disappointing’ in new interview
Justice Stephen Breyer holds up a copy of the U.S. Constitution as he announces his retirement from the Supreme Court at the White House on January 27, 2022. (Reuters/Kevin Lamarque)
In June 2022, the Supreme Court issued a 6-3 decision in Dobbs v. Jackson Women’s Healthcare Institution, upholding a Mississippi law banning abortions after 15 weeks of pregnancy. The decision comes just weeks after an unprecedented draft leak published by Politico delivered Justice Samuel Alito’s majority opinion outlining a decision that effectively ended recognition of the constitutional right to abortion. I was disappointed.
After the leak, churches and pro-life groups reported that New York’s pro-life center was “incendiary bombed” by protesters, that threatening graffiti was placed on church grounds across the country, and that a letter from a radical abortion group They were subjected to violent and destructive attacks, including several attacks. ‘Jane’s Revenge’ declares ‘open season’ for pro-lifers. Conservative judges also witnessed repeated protests outside their homes following the leak and final decision.
Kamala Harris torn between pro-life supporters on historic trip to abortion clinic: ‘normalization of evil’‘
In part of a previously aired interview, Breyer called the leak “unfortunate.”
The crowd outside the Supreme Court reacts to Dobbs’ decision. (FOX News Photo/Joshua Commins)
“I’m sorry,” he said, and Welker followed up by asking, “Are you angry?”
“You try to avoid getting angry, or you try to be as calm, rational and serious as possible at work,” he says.
More than 100 pro-life organizations and churches attacked since DOBBS leak
“I think it was disappointing,” he repeated. As Breyer pointed out in an interview, Supreme Court justices are very cautious about speaking publicly about issues that might come before the court. Mr. Breyer appeared to continue this tradition in his retirement, choosing his words carefully as Mr. Welker fielded questions about leaks and landmark decisions.
Mr. Breyer, who co-authored a dissenting opinion with Justices Elena Kagan and Sonia Sotomayor, said in an interview that he believed Roe’s decision should not have been overturned.
Stephen Breyer joined Justices Elena Kagan and Sonia Sotomayor in writing a dissent to Dobbs’ decision. (U.S. Supreme Court)
Mr. Welker went on to ask whether Mr. Breyer expected the justices to be able to reach a compromise on abortion acceptance 15 weeks before the ruling.
“Did you think a compromise was possible about 15 weeks before the leak?” Welker asked.
“I usually hope for a compromise,” Breyer replied.
MSNBC corner points out conservative judiciary’s responsibility for leaking Dobbs decision
“So you were hoping we could come to a compromise?” she continued.
“You want to put words in my mouth,” Breyer replied casually. “I’m careful about what I say on this matter because I say our interests are different. I don’t want to make news. I wrote what I thought. Here Or if you think there’s news in the opposition, move to the right.” But I don’t mean to say anything more. ”
Breyer added that he believes compromise is “always” possible.
Protesters protested Dobbs’ decision by demonstrating in front of the Supreme Court in Washington. (Joshua Commins/Fox News)
The retired judge also declined to say whether he was “surprised” that an internal investigation into the breach did not identify those responsible.
“You want to ask that question to people who know something about it. Ask the people who are doing those internal investigations. “I do,” he answered, adding that that’s just what he thinks. “I’m disappointed, and I’m sorry for the omission.”
Democrats downplay attack on church after Dobbs abortion decision: What is ‘relevance’?
Asked if he expected Dobbs’ case to be overturned someday, Breyer said, “That’s a possibility.”
“I don’t know…that’s a possibility,” he said. “But who knows?”
Members of the Supreme Court (from left: Justice Amy Coney Barrett, Justice Neil M. Gorsuch, Justice Sonia Sotomayor, Justice Clarence Thomas, Justice John G. Roberts Jr., Justice Ketanji Brown Jackson, Samuel · Justice A. Alito Jr.) Elena Kagan and Brett M. Kavanaugh, September 30, 2022. (U.S. Supreme Court Collection, via Getty Images)
Mr. Breyer was nominated to the U.S. Supreme Court by President Bill Clinton in 1994 to replace former Justice Harry Blackmun. Mr. Blackmun wrote the court’s opinion on Roe v. Wade in 1973.
CLICK HERE TO GET THE FOX NEWS APP
Breyer will step down in 2022, and President Biden has nominated Ketanji Brown Jackson to replace him. She was confirmed in the same year.
Fox News Digital’s Gabriel Hays contributed to this report.
