New Insights on Supreme Court Tensions
A new book reveals the intense emotions surrounding the Supreme Court after the Dobbs opinion leak in 2022. Justice Elena Kagan reportedly expressed her frustration vocally, allegedly screaming at Justice Stephen Breyer so loudly that it resonated through the walls. This information comes from conservative author and contributor Molly Hemingway, whose upcoming book, “Alito,” outlines multiple heated exchanges among justices during this tumultuous period.
The Supreme Court was known to be divided on abortion issues, but it seems even the traditionally unified liberal justices had their disagreements. The book describes an angry confrontation between Kagan and Breyer in May 2022, following a request from Justice Samuel Alito urging his colleagues to expedite dissenting opinions due to possible national security threats. Hemingway suggests Breyer likely agreed to Alito’s request, indicating some level of pressure within the court’s liberal faction.
At that time, protests and threats against conservative justices were escalating. After the leak, Attorney General Merrick Garland moved to provide increased security for all justices, a decision that faced criticism due to failures in handling protests outside their homes—a clear violation of laws designed to protect judicial independence.
In one noteworthy incident, a suspect was arrested near Justice Brett Kavanaugh’s residence with weapons, later pleading guilty to attempted murder of a justice—a situation that shook confidence among justices. As the protests intensified, it was reported that the Alito family had to relocate for safety, while Justice Amy Coney Barrett had to wear a bulletproof vest in front of her children.
The confrontation between Kagan and Breyer followed a meeting where only nine justices were in attendance. Hemingway, who based her book on interviews with the justices, points out that by then, the majority opinion was already prepared, and only the dissenting view remained in question. Alito had expressed worries about the consequences of delays in decision-making, noting that opponents of the majority could resort to extreme measures to influence outcomes.
This matter underscored the growing polarization within the court and the potential risks faced by justices amidst significant public outcry. The official opinion that resulted from this deliberation was issued on June 24, 2022, which ultimately overturned Roe v. Wade by a narrow 5-4 margin and upheld a Mississippi law limiting most abortions after 15 weeks.
Hemingway’s book sheds new light on the tumult surrounding this landmark decision and the increasing risks to judicial safety. The draft opinion’s leak has been noted as a severe breach of court protocol, and the identity of the leaker remains unknown. Following this turmoil, numerous pregnancy centers and pro-life organizations were victims of vandalism, illustrating the chaotic environment that emerged post-leak.
