“The normal situation is before writing something at a conference, people will discuss what they think about writing in one form or another, not always and the same. But usually there is some discussion,” Breyer said about the process leading up to court decisions.
“I usually hope for a compromise,” he said.
Watch the full interview Sunday at 10:30 a.m. or check local listings.
Breyer spoke on the eve of the publication of his book “Reading the Constitution: Why I Chose Pragmatism Over Textualism.”
In the book he criticismcizes Dobbs judgment and the justices who supported the decision to put abortion back in the hands of state governments, wrote that they “hope the legislature, not the courts, will decide the abortion issue.”
Breyer was one of three justices, along with liberals Elena Kagan and Sonia Sotomayor, who opposed the decision by conservative Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas to overturn Roe. Chief Justice John Roberts also concurred with the majority decision in Dobbs to uphold the Mississippi law on the issue, but dissented in overturning Roe.
It was the Dobbs decision finalized and made public In June 2022, more than a month after its leak. Breyer, 85, retired a few days later before which is decideed go down.
Her seat was taken by President Joe Biden’s nominee and the first black female judge appointed to the court, Ketanji Brown Jackson.
