Retired Justice Stephen Breyer commented on the Supreme Court’s consideration of abortion issues following the Dobbs decision in 2022, which aimed to give states more power over the issue. Breyer criticized the conservative majority’s belief that this decision would end challenges to abortion access, highlighting the ongoing debate over mifepristone restrictions as an example of continued legal battles. He emphasized that the court would have to address abortion issues more in the future.
Despite retiring two years ago, Breyer remains active in discussing legal matters, recently releasing a book called “Reading the Constitution” where he contrasts his approach to constitutional law with the conservative majority’s reliance on originalism. Breyer cited the abortion decision as a significant example of how he disagrees with the conservative justices’ legal theories. He also expressed concerns about public trust in the integrity of the Supreme Court, especially as the court faces contentious cases related to gun rights, reproductive health access, and the immunity of a former president from criminal prosecution.
Breyer believes that public opinion plays a crucial role in shaping adherence to the rule of law and urged Americans to trust in the institution despite disagreements with certain decisions. He emphasized that upholding the rule of law requires following legal precedents even when they may be viewed as incorrect, as maintaining this attitude is essential for a functioning society. Reflecting on his time as a justice, Breyer highlighted the importance of commitment to the job and the realization that public praise can be fleeting, emphasizing the need to focus on fulfilling the responsibilities of the position.
The interview with Breyer took place after the Supreme Court heard arguments in a significant abortion-related case following the overturning of Roe v. Wade. Breyer’s critique of the conservative majority’s approach to abortion issues highlights the ongoing legal battles and the need for the court to address these matters in the future. His concerns about public trust in the court’s integrity and the importance of following legal precedents underscore the challenges facing the institution amidst highly political and consequential cases. Breyer’s reflections on his time as a justice provide insight into the responsibilities and challenges of serving on the nation’s highest court.
As a former Supreme Court Justice, Breyer continues to engage in discussions about legal matters and the role of the court in upholding the rule of law. His new book and comments on the current state of the court shed light on his views on constitutional law and the differences between his approach and that of the conservative majority. Breyer’s perspective on public opinion, trust in the institution, and the need to follow legal precedents offer valuable insights into the functioning of the Supreme Court and the challenges it faces in addressing complex and divisive issues such as abortion access and presidential immunity from prosecution.
