Retired Supreme Court Justice Stephen G. Breyer said Sunday it’s “possible” the high court could overrule its 2022 decision to do away with a national right to abortion.
The court overturned the 1973 landmark decision in Roe v. Wade with its 2022 ruling in Dobbs v. Jackson Women’s Health, returning jurisdiction over abortion to the states. Since then, several conservative-led states have passed laws limiting abortion access.
Justice Breyer, who retired and was replaced by Justice Ketanji Brown Jackson in 2022, said Dobbs could be overruled in the future.
“Oh, it’s possible. But who knows?” he said on NBC’s “Meet the Press.”
He also commented on the infamous leak of the draft opinion on Dobbs before it was issued. The draft was published by Politico, and the leaker was not identified after an internal investigation.
“You have a theory. People have theories. I don’t mean to be coy, but I really don’t want to get into something,” Justice Breyer said. “I’d be amazed if it was a judge.”
Justice Breyer, 85, also signaled support for term limits for Supreme Court justices, who typically serve for life. He suggested 18 to 20 years could be beneficial, and noted an age limit would have aided his difficult decision about when to retire.
“When you’ve been there quite a while, other people also should have a chance to do these jobs. And at some point, you’re just not going to be able to do it,” he said.
Justice Breyer retired after serving for nearly three decades on the court. After the death of Justice Ruth Bader Ginsburg in 2020, Justice Breyer was the most senior liberal justice on the bench.
He was appointed in 1994 by President Bill Clinton.