Ex-Supreme Court justice details his frustrations about Dobbs decision

Let’s talk a little bit about and you retired at the end of the Supreme Court session of 2022. That’s right of the Dobbs decision and you were there that overturned Roe versus Wade. You wrote this. So let me read it to you. None of the traditional considerations that had led the court to overrule prior precedent could justify its decision in Dobbs. Changes in the facts supported rather than undermine Roe and Casey. So how damaging has this been? Do you believe this decision, this so-called Dobbs decision to the credibility of the Supreme Court? I don’t know to the credibility because you are the expert there. I have my own ideas. Well, I am a member of this. I was a member of the Supreme Court. But what I We wrote a long dissent. Who Justice Kagan, Justice Sotomayor and myself and that descent together said this would be very harmful. The majority thinks it’s going to turn the whole issue over to the legislatures of States and we’ll never have to deal with it again. Oh, really? We said. Is that true? Well, this morning I think or yesterday morning, wasn’t it? They dealt with a big issue and there will be more and more and more. And we wrote all of that because of the Dobbs decision. Yes, we wrote that overturned. It’s not going to work well. This is not going to work well, and we explained it. So are you worried about the court’s credibility? I’m worried in this sense, yes, yes and no. Good question. Why, if you, not you, but someone? We’re on trial. And suppose that person was very unpopular. That’s why I say it’s not you. Very unpopular. Would that person want a judge who is going to going to decide according to public opinion? No. Well, that’s true. But in the long run, public opinion matters, because public opinion is one of the things that will lead people to follow a rule of law.

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