“The normal situation is before something is written in the conference, people in some form or other will discuss what they’re thinking of writing, not always and not identical. But there’s usually some discussion,” Breyer said of the process leading up to court decisions.
“I usually hope for compromise,” he added.
Watch the full interview Sunday morning at 10:30 a.m. ET or check local listings.
Breyer spoke ahead of the release of his book “Reading the Constitution: Why I Chose Pragmatism, Not Textualism.”
In the book, he criticizes the Dobbs ruling and the justices who backed a decision to put abortion back in the hands of state governments, writing that their “hope that legislatures and not courts will decide the abortion question will not be realized.”
Breyer was one of three justices — along with liberals Elena Kagan and Sonia Sotomayor — who dissented against the decision of conservative Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas to overturn Roe. Chief Justice John Roberts separately agreed with the majority decision to uphold the Mississippi law at issue in Dobbs but didn’t agree with overturning Roe.
The Dobbs decision was finalized and made public in June 2022, more than a month after it was leaked. Breyer, 85, retired a few days later after previously having decided to step down.
His seat was filled by Justice Ketanji Brown Jackson, a nominee of President Joe Biden and the first Black woman appointed to the court.
Source: | This article originally belongs to Nbcnews.com
