Molly Hemingway, the editor-in-chief of The Federalist, is widely recognized for her thorough reporting on the Supreme Court.
In a recent episode of “Relatable” with Allie Beth Stuckey, Hemingway discussed the tumultuous events leading up to the significant Dobbs ruling, which reversed Roe v. Wade, returning the decision on abortion to states and revealing the strong emotional reactions of justices behind closed doors.
“From the outset, it was clear that [Roe v. Wade] was problematic,” Hemingway contended, noting that even those on the left acknowledged this. “Yet they desperately wanted to hold onto the decision, going to great lengths to maintain it, despite it not being constitutional… It was never meant to last 50 years.”
Ultimately, five justices voted to overturn Roe v. Wade when the court took up the long-awaited case, and Justice Samuel Alito was tasked by Clarence Thomas to draft the majority opinion.
According to Hemingway, Alito’s opinion was a “masterpiece,” leaving opponents “shocked” by its detailed analysis.
“Every aspect was addressed,” she recalled.
However, just three months after it was initially circulated, Alito’s draft opinion was leaked, igniting widespread outrage from the left.
Hemingway explained, “The justices were soon met with death threats. All had to either relocate or be provided with increased security, as any harm to a justice would render the court inoperable.”
She speculates that this might have been the leaker’s intent—to provoke risks that would pressure more vulnerable justices into joining dissenting views, thereby undermining the majority.
Still, the majority, undeterred by threats, maintained their position.
Post-leak, the dissenting justices had yet to write a dissenting opinion.
“They were deliberately stalling,” Hemingway pointed out, which was troubling given the circumstances.
“Alito wondered if it was time to close the case due to the left-wing activists posing a threat, a genuine concern for conservative justices,” she recounted.
Justice Neil Gorsuch urged the dissenters to at least provide a date for their opinion, but they declined.
Interestingly, Justice Stephen Breyer, despite his differing views, was seen as “the most likely” to help expedite the process, as he genuinely cared for his colleagues, according to Hemingway.
She later mentioned how Kagan confronted Breyer, urging him to disregard Gorsuch’s request, with one person recalling, “The walls trembled.”
Ultimately, the dissenting justices agreed to have their opinion ready by June 1.
“To put it plainly, dissenting justices would face daily threats for merely a month,” Hemingway remarked.
When the dissent was finally issued, it bizarrely included an unnecessary reference to “New York State’s rifle decision.”
Hemingway noted, “They seemed to have added it just to further delay things,” as the final Dobbs decision was only revealed on June 24.
“This ongoing threat to judges’ lives was alarming. For instance, Amy Coney Barrett had to wear a bulletproof vest around her children. Judges were relocated to more secure areas and their protection intensified,” she added, commenting that it appeared that left-wing judges seemed indifferent to these challenges faced by their colleagues.
To hear more insight from the interview, the episode is available above.
