Supreme Court Justice Amy Coney Barrett objected to her colleague’s take on the case that led to last year’s overturning of Roe v. Wade, according to a new account of how the decision was reached.
The justices first discussed hearing Dobbs v. Jackson Women’s Health Organization in January 2021 — but delayed oral arguments and a final decision until the following year in a rare move, sources told the New York Times.
During a packed conference meeting on January 8, where Chief Justice John Roberts joined three liberal justices who opposed taking the case, Barrett threatened to rescind his initial vote to hear arguments, reportedly telling Justice Samuel Alito that it was “not the time” to consider reinstating the case. abortion question to the states.
Justice Brett Kavanaugh ultimately suggested that the Supreme Court delay a public announcement of its decision to hear Dobbs until the spring of 2021, allowing it to be taken up in the next term, which begins that October.
Justice Amy Coney Barrett opposed the Supreme Court hearing the case that overturned Roe v. Wade last year, according to a New York Times report. AP
Ultimately, Kavanaugh’s plan was accepted, but when the court announced on May 17, 2021, that it would hear arguments in Dobbs, Barrett still changed his mind.
Only Alito, Kavanaugh, Neil Gorsuch and Clarence Thomas — the minimum required to take the case — were recorded as voting in favor of hearing Dobbs.
The “delay tactic,” as the Times report called it, may also have been favored by Roberts and then Justice Stephen Breyer in an effort to prevent Kavanaugh and Barrett from overturning Roe.
The judge debated taking Dobbs v. Jackson Women’s Health Organization in January 2021 — but postponed oral arguments and a final decision until the following year. China News Service via Getty Images
Breyer in particular opposes the Supreme Court’s return to the decision and hopes to convince younger conservative justices that rushing to a decision will undermine Americans’ trust in the institution, his public and personal statements shared with the Times show.
Alito, who authored the Dobbs decision, first helped delay discussions to take the case in the final months of the Trump administration, when Barrett was in the confirmation process following the death of Justice Ruth Bader Ginsburg on September 18, 2020.
Barrett, President Donald Trump’s third Supreme Court nominee after Gorsuch and Kavanaugh, is widely seen as the last piece of a large conservative majority destined to defeat Roe.
During a packed conference meeting, Barrett threatened to rescind his vote to hear the case to delay Dobbs. AP
All three were grilled by Senate Democrats during their confirmation process for their opinions on the landmark 1973 case.
Each was careful to respond that the precedent had been reaffirmed in subsequent decisions, while declining to say whether they would support overturning it.
Their appointment — and Dobbs’ decision — finally fulfills Trump’s campaign promise during the 2016 presidential debate, when he promised to “automatically” overturn Roe through a Supreme Court nomination.
Justice Samuel Alito, who authored the decision, helped delay discussion of the decision in the final months of the Trump administration during Barrett’s confirmation process. Reuters
Mississippi lawmakers passed a measure to ban most abortions after 15 weeks of pregnancy in March 2018, beginning a years-long legal battle that culminated in the Dobbs decision.
Alito’s draft decision — which was endorsed within days by Gorsuch, Thomas, Barrett and Kavanaugh, in the order — was leaked anonymously to Politico in May 2022, sparking a wave of protests and threats against the court’s conservatives.
A California man flew across the country in an attempt to kill Kavanaugh and was later arrested outside a suburban Maryland home with a gun, knife, pepper spray and burglary tools.
Barrett was appointed by President Donald Trump and confirmed in the final weeks of his administration, following the death of Judge Ruth Bader Ginsburg on September 18, 2020. The Washington Post via Getty Images A California man flew to Washington, DC, in an attempt to kill Judge Brett Kavanaugh. Getty Images
The leak likely dashed any lingering hopes by Roberts and Breyer that they could persuade their colleagues to make a narrow decision that would uphold the Mississippi law and Roe.
Supreme Court Marshal Gail Curley was unable to determine the identity of the draft leaker during an investigation that subjected clerks to heightened scrutiny while only questioning judges and not requiring them to sign affidavits.
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Source: thtrangdai.edu.vn/en/
