How Liberal Justices Delayed the Dobbs Ruling Amid Security Threats

One of the most explosive claims in Molly Hemingway’s new book centers on the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision. After the draft opinion leaked on May 2, 2022, the Court faced unprecedented security threats, including an assassination attempt on Justice Brett Kavanaugh by a man who traveled from California to Washington, D.C., with weapons.

Despite these dangers, the final Dobbs opinion was not released early. The Court held the decision until June 24, 2022, with minimal changes from the leaked draft. Speculation swirled that the majority might flip or that the opinion could be altered, but the five justices in the majority remained steadfast.

So what caused the delay? Hemingway’s reporting reveals that Justices Sonia Sotomayor, Elena Kagan, and Stephen Breyer refused to expedite the dissenting opinions, prolonging the release.

Internal Grading and Deliberations

On May 12, 2022, the justices met in conference to review circulating opinions and set release dates. Decisions were graded based on completion:

• A: Fully ready for release
• B: Nearly complete
• C: Not near completion

The Dobbs majority opinion had been finalized for over three months, awaiting only the dissents. Justice Samuel Alito urged the dissenters to prioritize completing their opinions due to security concerns—abortion supporters had threatened violence to sway the outcome. The dissenters refused.

Justice Neil Gorsuch pressed for a deadline, but the liberal justices declined to provide one.

Kagan’s Confrontation with Breyer

Following the conference, Justice Elena Kagan visited Justice Stephen Breyer’s office. Though Breyer opposed the majority decision, he was known for his collegiality. Kagan, however, reportedly screamed at Breyer—so loudly that observers claimed the "wall was shaking"—to reject any accommodation for the majority’s security concerns.

After the assassination attempt on Kavanaugh, the justices reached a compromise: The dissenters agreed to submit their Dobbs dissent by June 1 in exchange for an extension to June 15 for their majority opinions in other cases.

When the dissent was finally filed, it cited New York State Rifle & Pistol Association v. Bruen—a Second Amendment case not yet released—despite the ruling’s pending publication.