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WASHINGTON — Former Supreme Court docket Justice Stephen Breyer stated it’s “potential” the Supreme Court docket may someday overrule its 2022 choice in Dobbs v. Jackson Ladies’s Well being, which itself overruled Roe v. Wade.
“However who is aware of?” added Breyer, talking to moderator Kristen Welker on NBC Information’ “Meet the Press.”
The previous justice additionally spoke concerning the leak of the bulk’s choice to overturn Roe, which preceded the official ruling by a number of weeks, calling it “unfortunate.”
Breyer stated that he had a “idea” concerning the motivations of the leaker however declined to share any names, saying, “You might have a idea. Individuals have theories. I don’t imply to be coy, however I actually don’t wish to get into one thing.”
“I’d be amazed if it was a choose,” he added.
Breyer additionally sidestepped questions on a number of cases earlier than the court docket this yr involving former President Donald Trump.
Requested about one Trump case coming earlier than the court docket relating to the previous president’s claim that he should be immune from prison prosecution for his efforts to overturn the 2020 election, Breyer stated he wouldn’t remark and didn’t have sufficient info to kind an opinion.
“My goodness, you may make errors simply by saying what your preliminary opinion is. And my goodness, how typically it actually happens,” Breyer stated, including: “I’m not simply attempting to get out of the query, as a result of I can get out of the query by simply saying I’m not going to reply the query.”
Nonetheless, Breyer, who was appointed by President Invoice Clinton and served on the court docket from 1994 to 2022, isn’t a stranger to evaluating circumstances in the midst of presidential election years that might have main penalties for the end result of the election.
In 2000, Breyer weighed the Bush v. Gore case and agreed with a 7-2 majority decision that the tactic for recounting ballots in Florida’s presidential election was unconstitutional. However he dissented from a majority opinion that discovered Florida didn’t have time to conduct a constitutional recount.
“They shouldn’t have taken [the case] up,” Breyer informed Welker. “That’s what I considered Bush v. Gore.”
He added, “I stated, ‘They shouldn’t have taken up the opinion. And now, having taken it up, I feel they need to determine it the opposite means.’ That was my view, all proper? However it was a view reached after a substantial quantity of labor.”
Breyer spoke to NBC Information’ “Meet the Press” forward of the discharge of his e-book “Studying the Structure: Why I Selected Pragmatism, Not Textualism,” during which he lays out his case towards an originalist interpretation of the Structure.
“It’s very enticing,” Breyer stated, describing textualism as “easy.”
“All you need to do is learn this. Fabulous. You’ve acquired the reply. Yeah, simply learn it, and it’s easy,” he stated.
“You say, ‘Sounds good, sounds good.’ However it doesn’t work very effectively, in my view. And that’s why I’ve spent a yr and a half attempting to elucidate why,” Breyer added.
This text was initially revealed on NBCNews.com
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