Brey­er blames ‘white men’ who rat­i­fied Con­sti­tu­tion for Supreme Court abor­tion deci­sion: Book

Retired Jus­tice Stephen Brey­er believes the Supreme Court deci­sion to over­turn Roe v. Wade two years ago marked a “deeply regres­sive fea­ture” of the approach to law tak­en by the high court’s Repub­li­can-appoint­ed major­i­ty, accord­ing to his new book.
Brey­er, 85, was an appointee of for­mer Pres­i­dent Bill Clin­ton who retired in 2022, just days after the piv­otal Dobbs v. Jack­son Women’s Health Orga­ni­za­tion deci­sion that held states can enact their own laws restrict­ing or lim­it­ing abor­tion access, a 6–3 rul­ing led by the Repub­li­can-appoint­ed major­i­ty.
The justice’s new book Why I Chose Prag­ma­tism, Not Tex­tu­al­ism laid out his argu­ment cri­tiquing the “orig­i­nal­ism” jurispru­dence often adhered to by Repub­li­can-appoint­ed judges to inter­pret the Con­sti­tu­tion.

FILE – Then-Supreme Court Jus­tice Stephen Brey­er speaks dur­ing an event at the Library of Con­gress for the 2022 Supreme Court Fel­lows Pro­gram host­ed by the Law Library of Con­gress, Feb. 17, 2022, in Wash …