Retired Justice SCOTUS did ‘everything’ to prevent the repeal of Roe v Wade

Retired Justice SCOTUS did ‘everything’ to prevent the repeal of Roe v Wade

Retired Supreme Court Justice Stephen Breyer gave his first television interview since leaving the bench in June.

Retired Supreme Court Justice Stephen Breyer gave his first television interview since leaving the bench in June (Photo: Getty Images)

Former Supreme Court Justice Stephen Breyer, in his first televised interview since retiring in June, said he had done “everything” he could to try to prevent the court’s reversal of Roe v Wade.

The 84-year-old liberal justice retired shortly after the court issued its ruling in Dobbs v Jackson Women’s Health Organization, which overturned the landmark 1973 Roe ruling that established the constitutional right to abortion in the US.

During his CNN interview, Breyer said: ‘And you say I liked that decision by Dobbs? Of course. Of course.

The ruling in Dobbs favored the state of Mississippi, allowing a ban on most abortions after 15 weeks of pregnancy.

FILE PHOTO: U.S. Supreme Court Justice Stephen Breyer arrives for an event at the Library of Congress for the 2022 Supreme Court Scholarship Program, hosted by the Law Library of Congress, in Washington, U.S., Feb. 17 2022. Evan Vucci/Pool via REUTERS/File photo

The former judge said he was unhappy with the Conservative majority’s decision to oust Roe v Wade (Photo: Reuters)

Raising his voice, the retired judge added: ‘Was I happy about that? Not for an instant. Did I do everything I could to persuade people? It’s clear it’s clear.’

Breyer also condemned the leak of the draft opinion of the decision to overthrow Roe. The draft opinion was leaked and was published in Politico in May.

“It was very damaging because that kind of thing just doesn’t happen. It just doesn’t happen. And there we are.

During the interview, the liberal judge also lamented his position in the court’s minority. Breyer and the other two liberal judges on the court, Elena Kagan and Sonia Sotomayor, disagreed in the Dobbs case.

epa10044274 A handout photo made available by the United States Supreme Court collection shows Justice Stephen G. Breyer (retired) (L) and Justice Ketanji Brown Jackson in the Judges' Conference Room, Supreme Court Building in Washington, DC, USA , June 30, 2022. MANDATORY CREDIT (FRED SCHILLING / UNITED STATES SUPREME COURT COLLECTION) EPA/FRED SCHILLING / US SUPREME COURT COLLECTION Images from the United States Supreme Court collections may not be used for advertising or endorsement, or in any way that might give a false impression of Supreme Court sponsorship or approval.  FOR EDITORIAL/NON-SALES USE ONLY

Justice Stephen Breyer (left) and Justice Ketanji Brown Jackson (right), who will replace Breyer on the bench this fall (Photo: EPA)

Breyer said he found the high court dynamic “very frustrating.”

He also warned his colleagues against writing “too rigidly”, saying he found himself disagreeing in several historically important cases where the conservative majority was unwilling to bow.

“You start writing very rigidly and you’ll see, the world will turn around and bite you in the back,” said Breyer. “Because you’re going to find that something you see just doesn’t work. And the Supreme Court, a little different from the others, has these kinds of problems in abundance.’

Breyer’s comments come as the Supreme Court is about to begin a new term on Oct. 3, when newly appointed Justice Ketanji Brown Jackson, the first black woman to hold a higher court seat, will take her place.

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