Justice Elena Kagan’s anger reached a boiling point in the aftermath of the momentous Dobbs opinion leak, according to a new book by Mollie Hemingway. Published details suggest a volatile atmosphere within the Supreme Court, where Kagan reportedly shouted “so loudly” at Justice Stephen Breyer that it caused the “wall to shake.” This incident reflects the tensions bubbling below the surface among justices who are mainly known for their reserved and collegial demeanor.
The context of Kagan’s outburst stems from the leak of a draft opinion in May 2022, which hinted at a significant shift in the Court’s stance on abortion rights. This unexpected revelation triggered protests and death threats directed at the justices who were anticipated to overturn Roe v. Wade. The internal documents revealed the fractures within even the usually cohesive liberal bloc. Hemingway notes that Kagan, appointed by President Obama, expressed her frustrations directly to Breyer, a Clinton appointee, during a closed-door meeting. This meeting came after Justice Samuel Alito urged his colleagues to expedite their dissenting opinions due to security threats surrounding the conservative justices.
Kagan’s vehement response to Breyer, whom Hemingway describes as “fiercely liberal” yet a “gentleman,” indicates the heightened tensions faced by the Court at that time. It’s significant that Breyer, who would retire shortly after, found himself in the crosshairs of Kagan’s frustration for even considering Alito’s request, despite not committing to it. Hemingway’s portrayal of this exchange reveals a deeper narrative about how personal relationships among justices can become strained under extreme pressure.
The atmosphere of hostility intensified as protests against the conservative justices grew. When observers mention severe security challenges, it’s important to note that these threats were not trivial. Legal experts have echoed concerns that the environment became increasingly dangerous when protesters gathered outside the homes of justices like Alito, Kavanaugh, and Barrett. Just days after the leak, a man armed with a gun attempted to assassinate Justice Kavanaugh, illustrating the real and present danger these justices faced.
In Hemingway’s account, it is telling that the security measures taken included U.S. Marshals providing full-time protection for all justices after Attorney General Merrick Garland ordered it. The failure of law enforcement to act against picketers outside the justices’ residences has drawn serious criticism and raises questions about the effectiveness of legal protections for judges. The situation escalated to the point where Kavanaugh and Barrett had to consider their safety in alarming terms; Barrett had to don a bulletproof vest in front of her children.
The book further delves into the inner workings of the Court during this tumultuous period. By May 2022, the majority opinion had been finalized, leaving the dissenters scrambling. Hemingway outlines a crucial moment when Alito urged the dissenting justices to prioritize their written responses, emphasizing that delays posed a security threat as anger boiled over among abortion supporters. The justices, including Neil Gorsuch, faced serious pressure, yet the dissenters refused to commit to any timeline, underscoring the gravity of their situation.
Ultimately, the decision to overturn Roe v. Wade was settled in late June 2022, a 5-4 ruling that reordered a central issue in American society. This decisive moment marked a significant event in U.S. history and fueled strong reactions on both sides of the abortion debate. Hemingway’s insights show that the polarization surrounding this topic extends well beyond mere public discourse and into the very chambers where the highest legal decisions are made.
The ramifications of the opinion leak and the eventual ruling were profound, leading to vandalism at numerous pro-life organizations and pregnancy centers across the country. Hemingway recounts that hundreds of these centers faced arson and destruction, creating a chaotic atmosphere within communities already divided by the issue. The unaddressed identity of the leaker also serves as a persistent reminder of the systemic failures in maintaining the integrity of the Supreme Court’s confidential deliberations.
The account provided by Hemingway not only sheds light on a critical moment in the Court’s history but also portrays the human emotions and pressures faced by those within the institution. Justice Kagan’s fierce confrontation with her colleague reveals the complexities of navigating lifelong friendships and professional duties in a time of unprecedented strife. Similarly, the threats against justices highlight the volatile nature of contemporary American politics, where decisions made in the highest court can have dire consequences not just for laws, but for the very lives of those who adjudicate them.
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