In a recent interview on NBC News’ “Meet the Press,” former Supreme Court Justice Stephen Breyer expressed his thoughts on the possibility of the Supreme Court ultimately reversing its decision in the controversial case of Dobbs v. Jackson Women’s Health. This landmark case, which overturned the long-standing precedent set by Roe v Wade, has stirred significant debate and divided public opinion.
Breyer noted that while it is indeed “possible” for the Court to reverse its ruling in the future, he emphasized the inherent uncertainty surrounding such matters. The discussion surrounding the future of reproductive rights in the United States remains a topic of considerable interest and concern among legal scholars and the general public alike. Only time will tell how the Supreme Court’s stance on this pivotal issue will evolve and potentially impact the lives of countless individuals across the nation.
But the manner in which he spoke revealed far more than his words could have. He was catty, deliberately vague. The silence in his responses literally gave rise to conspiracies. This was his intent.
Justice Breyer vehemently opposed the overturning of Roe v Wade and he wants the American public to be as upset about it as he is.
After all, sustained rage is what perpetuated the legal maneuverings that led to the fall of Roe. Year after year, decade after decade,
conservative operatives galvanized the public to seethe against abortion. Their ire was directed against Roe v Wade, the epitome of all that they stood against. Conservatives used religious teachings, convenient moralizations, and practically just about anything else that would stick to keep the issue front and center. That strategy led to a covert plan to insert judges, policy makers, and legislators in select positions. It was a plan that was, above all, fueled by the sustained rage of the Conservative party. It powered voters to the ballot and it influenced elections.
Now, the opposing party, the Liberals, intend to do the same thing. They want the public to assume foul play, that a massive conspiracy led to the fall of Roe. They want Liberal across the country to etch that moment in their collective ethos: Because that is the fuel that will power the sustained effort to overthrow Dobbs and reinstate a newer, most judicially sound variant of Roe.
This is how legal movements trend in America. Forget policy. Forget legal theory. Focus on emotions. Fuel the constituency with anger and rage, and they will provide enough voting ammunition to carry out a decade long strategy. This is exactly what Justice Breyer sought to do. He spoke of conspiracies, yet provided little context. He deliberately inserted silence when he should of offered context. He parsed words to elicit evocative emotions.
In the coming months to years, look for the narrative that conservatives used foul play and manipulated the Supreme Court to take away abortion rights. It is a powerful narrative. One that is capable of churning out votes.
We have already seen its impact on state elections. But soon, we will see its impact at the national level.
It will not be immediately apparent. But for the politically astute, the laying of the bricks is noticeable. The general public will see it after enough bricks have been placed. But make no mistake; what we just saw from Justice Breyer was the first in a series of political maneuverings, the veritable inaugural brick, if you will, fully intended to do one thing: fuel the overturning of Dobbs.
It was firmly placed in the silence that was parsed out in his carefully selected word choices and intonations.
