What we fear: They think this will be simpler, the majority, because it will leave it all up to the states. We don't think it will be simpler. We think that there will be a lot more cases coming up.
Stephen Breyer: “What we fear: They think this will be simpler, the majority, because it will leave it all up to the states. We don't…”
Editor's note · Context
Justice Breyer expresses concerns about the implications of the Dobbs decision on future legal cases regarding abortion.
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It may be a political process that leads to the nomination of a judge. And a president may think, ah, I have got someone who will always agree with me. That's what Teddy Roosevelt thought when he appointed Oliver Wendell Holmes. He got him…
The senators are going to reflect what you want, so you better stop it. And the way you stop it is, when you disagree with somebody, you talk to them about it. You talk to them about it. You try to convince them. You participate. You vote…
to invalidate the plans under review is to threaten the promise of Brown. The plurality position, I fear, would break that promise. This is a decision that the Court and nation will come to regret.