Retired SCOTUS Justice did “everything” to stop Roe v Wade’s annulment

Stephen Breyer, retired Deputy Supreme Court Justice, gave his first television interview since leaving the judiciary in June

Stephen Breyer, retired Deputy Supreme Court Justice, gave his first television interview since leaving the bench in June (Image: Getty Images)

Former Supreme Court Justice Stephen Breyer said in his first television interview since retiring in June that he had done “everything” to try to prevent the Roe v Wade court from being reversed.

The 84-year-old Liberal Justice resigned shortly after the court’s ruling in the Dobbs v. Jackson Women’s Health Organization case, which overturned the landmark 1973 Roe ruling that established the constitutional right to abortion in the United States.

During his interview with CNN, Breyer said, “And you’re saying, did I like that Dobbs decision? Of course not. Of course not.”

The decision in Dobbs favored the state of Mississippi and allowed most abortions after 15 weeks of pregnancy to be banned.

FILE PHOTO: U.S. Supreme Court Justice Stephen Breyer arrives at an event at the Library of Congress for the 2022 Supreme Court Fellows Program hosted by the Law Library of Congress in Washington, U.S., February 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 (Image: Reuters)

The retired judge added in a raised voice: “Was I happy about that? Not for a moment. Did I do everything to convince people? Of course, of course.’

Breyer also condemned the leak of the draft statement on the decision to oust Roe. The draft statement was leaked and published in Politico in May.

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

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

epa10044274 A handout photo provided by the United States Supreme Court Collection shows Justice Stephen G. Breyer (retired) (left) and Justice Ketanji Brown Jackson in the Justices' conference room at the Supreme Court building in Washington, DC, USA 30 June 2022. MANDATORY CREDIT (FRED SCHILLING / COLLECTION OF THE SUPREME COURT OF THE UNITED STATES) EPA/FRED SCHILLING / COLLECTION OF THE SUPREME COURT OF THE US Images from the Supreme Court of the United Collection States may not be used for advertising or endorsement purposes, or in any way that could give the false impression of sponsorship or Supreme Court approval. HANDOUT EDITORIAL USE ONLY/NO SALE

Justice Stephen Breyer (left) and Justice Ketanji Brown Jackson (right), who will take Breyer’s place on the bench this fall (Image: EPA)

Breyer said he finds the dynamics of the High Court “very frustrating”.

He also warned his colleagues against writing “too rigidly” and said he had resisted on numerous historically momentous cases where the conservative majority was unwilling to bow.

“If you start writing too rigidly, you’ll see the world come along and bite you in the back,” Breyer said. “Because you’re going to find that something you see doesn’t work at all. And the Supreme Court, unlike any other, has such problems in abundance.”

Breyer’s comments come as the Supreme Court will begin a new term on Oct. 3, when newly appointed Justice Ketanji Brown Jackson, the first black woman to serve on the Supreme Court, will take his place.

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Justin Scacco

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