Full Breakdown
Tensions Within the Supreme Court Following the Dobbs Leak
4/18/2026, 9:57:03 PM
Internal Fractures Revealed
In the aftermath of the leak of the Supreme Court's draft opinion on abortion in May 2022, tensions escalated among the justices, particularly between Justice Elena Kagan and Justice Stephen Breyer. According to Mollie Hemingway's forthcoming book "Alito," Kagan expressed her frustrations vehemently, reportedly screaming at Breyer so loudly that it caused the walls to shake. This incident occurred during a closed-door meeting where the justices discussed the implications of the leak, which had prompted significant protests and threats against conservative justices expected to overturn Roe v. Wade.
Context of the Leak
The leak of the draft opinion, authored by Justice Samuel Alito, was published by Politico on May 2, 2022, marking a significant breach of court protocol. The draft indicated a majority decision to overturn Roe v. Wade, which had established federal protections for abortion rights. Following the leak, security concerns intensified, leading Attorney General Merrick Garland to order full-time security for all justices. The heightened tensions were underscored by incidents such as the arrest of Nicholas Roske, who attempted to assassinate Justice Brett Kavanaugh, and the need for Justice Amy Coney Barrett to don a bulletproof vest in front of her children.
The Dissenting Justices' Response
During the May 12 conference meeting, Kagan confronted Breyer regarding his willingness to expedite the dissenting opinions in light of security threats. Hemingway noted that while Breyer was inclined to accommodate the majority's request, Kagan vehemently opposed this approach, fearing it would undermine their collective stance against the majority opinion. The dissenting justices, including Breyer, ultimately did not provide a timeline for their responses, which further complicated the situation.
Broader Implications
The fallout from the leak extended beyond internal court dynamics. Following the draft's publication, there was a surge in protests, leading to vandalism at pregnancy centers, churches, and pro-life organizations. Hemingway's book highlights that the leak not only intensified the ongoing national debate over abortion but also posed serious security risks for the justices, with fears that the assassination of a justice could alter the outcome of the decision.
Official Statements & Responses
While the Supreme Court has not publicly commented on the specific incidents described in Hemingway's book, the security measures implemented following the leak indicate the seriousness of the threats faced by the justices. The Department of Justice's appeal of Roske's eight-year sentence for attempting to murder a justice reflects ongoing concerns about the safety of Supreme Court members.
Conflicting Reports & Gaps
Despite the detailed accounts provided by Hemingway, the identity of the leaker remains unknown, and the motivations behind the leak continue to be a subject of speculation. Additionally, the extent of the internal divisions among the justices, particularly regarding their strategic responses to the leak, is not fully documented, leaving gaps in the understanding of the court's dynamics during this tumultuous period.
Verbatim Quotes
- “Fiercely liberal in his jurisprudence and in strong disagreement with the majority decision, he nevertheless was a gentleman and a friend to all on the Court. Kagan remonstrated with Breyer not to accommodate the majority, screaming so loudly, observers noted, that the ‘wall was shaking.’” — Mollie Hemingway, Author
- “Everyone knew that the leak posed a serious security risk for justices.” — Mollie Hemingway, Author
- “In the ensuing weeks, hundreds of pregnancy centers, churches, and pro-life organizations would be vandalized, some even set ablaze," Hemingway wrote of the fallout.” — Mollie Hemingway, Author
