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Justice Samuel Alito Says Overturning Roe Required Courage as Threats to Judges Rise

By Drooid · · How we work

Core Event: Alito’s CBS Interview on the Dobbs Decision

In a televised interview with CBS News’ Jan Crawford, Justice Samuel Alito—appointed by President George W. Bush—reflected on the 2022 Dobbs v. Jackson Women’s Health Organization decision that overturned *Roe v. Wade*. He described the majority’s vote as “courageous,” noting that the justices proceeded despite a leaked draft and a wave of death threats and harassment. Alito said the fallout included the loss of personal friendships and the need to wear a bullet-proof vest for personal safety.

Background & Context

The Dobbs ruling, issued in June 2022, ended the nearly 50-year federal constitutional right to abortion and returned regulatory authority to the states. Alito authored the majority opinion, arguing that the Constitution contains no reference to abortion and that the 14th-Amendment’s liberty clause does not create such a right. The decision sparked nationwide protests and a surge in threats against the Court.

Data & Statistics

  • An NBC poll conducted in 2023 found that 53 percent of Americans strongly disapproved of the overturning of *Roe*.
  • A Gallup survey released on September 30 reported that 34 percent of respondents approved of the Supreme Court’s performance, while 61 percent disapproved.

Official Statements & Responses

Alito noted that criticism from both President Joe Biden and former President Donald Trump has been “very harsh,” adding that such attacks can be damaging to the Court’s legitimacy. Senate Minority Leader Chuck Schumer (D-N.Y.) also commented on the climate of threats.

Criticism & Opposition

Legal scholar Michele Goodwin, a professor of constitutional law at Georgetown University Law Center, argued that Alito’s claim the Court was merely “sticking to the Constitution” is “ironic” because the decision abandoned a 50-year-old precedent established by the Court itself.

Verbatim Quotes

  • “There are others. I mean, there are cases that have resulted in the loss of old friendships; that’s something that you have to live with,” — Justice Samuel Alito
  • “It's a sad fact that threats against judges and justices have spiked so much in recent years," Gabe Roth, executive director of the nonprofit Fix the Court, told Newsweek.” — Gabe Roth, executive director of Fix the Court

Timeline

  • June 2022 – Dobbs decision issued, overturning *Roe v. Wade*.
  • May 2022 – Draft of the majority opinion leaked, prompting heightened security concerns.
  • October 2 2026 – Alito’s interview aired, describing the threats as “quite disturbing.”
  • July 14 2026 – Justices Elena Kagan and Amy Coney Barrett testified before the House Appropriations Committee, requesting a 10 percent increase in Supreme Court security funding for FY 2027.
  • September 30 – Gallup releases its latest approval-disapproval ratings for the Court.

What’s Next

Alito indicated he will continue to evaluate his tenure each year, citing uncertainty about future political contexts and personal health. The Court’s upcoming term, beginning in October 2026, will address several high-profile cases, and the security funding request may shape how the judiciary protects its members against further threats.