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Justice Samuel A. Alito Jr., in a speech in Rome, dismissed criticism from foreign officials who he said “lashed out” at his opinion that he overturned Roe v. Wadethe historic decision that gave a constitutional right to abortion.
Speaking last week at a conference to promote religious freedom, Alito spoke for the first time publicly about the decision he wrote in Dobbs v. Jackson Women’s Health Organizationwhich he characterized during his statements as the case “whose name cannot be pronounced”.
“I had the honor of writing this term, I think the only decision of the Supreme Court in the history of this institution that has been criticized by a whole series of foreign leaders who felt perfectly fine commenting on the law nor- American,” Alito said.
“One of these was ancient [United Kingdom] Prime Minister Boris Johnson. But he paid the price,” Alito joked, to applause from the crowd. Johnson has been embroiled in scandal and this month announced plans to resign.
Broadly and swiftly, Supreme Court conservatives ignite a new era
Alito spoke July 21 at the Notre Dame Religious Freedom Summit, sponsored by the university’s Law School Religious Freedom Initiative. It was established in 2020 to promote “religious freedom for people of all faiths through scholarship, events and the Law School’s Religious Freedom Clinic,” which reports to the Supreme Court.
Justices often don’t reveal their commitments in advance, and Alito’s became known Thursday after the law school issued a press release and posted a video of the speech on YouTube.
Alito said he was reluctant to list examples of other countries whose religious freedom protections he saw as insufficient, though he said foreign leaders — he also mentioned French President Emmanuel Macron and Canadian Prime Minister Justin Trudeau — they criticized the court’s decision to eliminate the federal right to abortion.
The decision sent abortion regulation back to the states, and since then some have greatly restricted the procedure, with 11 states limiting abortion after six weeks or effectively banning it, rights groups say of abortion
The audience laughed at what Alito sarcastically said was the most painful criticism, of Britain’s Prince Harry.
“But what really hurt me, what really hurt me, was when the Duke of Sussex addressed the United Nations and seemed to compare the decision which may not be named to the Russian attack on Ukraine,” Alito said.
The emboldened majority of the Supreme Court shows that it is eager for change
Alito in speeches often says that religious freedom is not treated as respectfully as other constitutional rights. But the Supreme Court term that just ended was nothing short of a complete victory for religious groups. overturning Roe was a longtime target of religious conservatives, but separately the court’s six conservative justices have consistently championed the protection of religious faith in the face of concerns about government endorsement of religion.
Ruling for a coach disciplined by his school board for midfield prayers after games, he said Boston was not free to refuse a Christian group’s request to fly its flag on the town hall for fear that it would look like an endorsement of religion if other groups were given. the privilege, and said Maine cannot prevent religious schools from receiving public tuition subsidies extended to other private schools.
Still, Alito said some see religious faith as similar to other enthusiasms, such as supporting professional sports teams. He questioned whether some of his dissenting colleagues fully understood the Constitution’s protection of religious freedom.
The justice, now shown in the video with a beard, offered a hypothetical about three lawyers entering a courtroom that requires head coverings to be removed: a Jew wearing a kippa, a Muslim wearing a headscarf and a man in a Green Bay Packers hat. As for whether the man in the Packers cap should be accommodated the same as the others, Alito said: “To me, the United States Constitution provides a clear answer.”
He added: “Some of my colleagues are not so sure. But to me, the text tells the story: The Constitution protects the free exercise of religion, it does not allow the free exercise of support for the Packers.” Alito did not say for which he thought some of his colleagues might disagree with.
Alito said that for some, protecting religious freedom comes down to freedom of worship. “When you go out into the public square, in the light of day, you better behave like a good lay citizen,” he said.
Alito said protecting religious freedom is also important to freedom of speech and freedom of assembly. “Religious freedom and other fundamental rights usually go together,” he said.
The judges have separated after their rancorous session, of which the Dobbs The decision was just one that divided conservatives and liberals on the court. There are signs that the discord remains.
Kagan says questions of legitimacy are risky for the Supreme Court
In a speech at a judicial conference last week, liberal Justice Elena Kagan said the court’s legitimacy is threatened when long-standing precedent is thrown out and the court’s actions are seen as motivated by personnel changes among justices .
“If, over time, the court loses all connection with the public and public sentiment, that is dangerous for democracy,” Kagan told a conference of judges and lawyers in Montana.
He added: “People are rightly suspicious if a judge leaves the court or dies and another judge takes his place and suddenly the law changes for you.”
In a separate event on Thursday, two other judges struck a more conventional and upbeat tone about the court’s work.
In a taped conversation about civics, Justices Sonia Sotomayor and Amy Coney Barrett talked about their efforts to overcome differences with their peers by making personal connections at judicial luncheons and birthday celebrations.
“All of my colleagues are as passionate about the Constitution, our system of government, and getting it right as I am,” Sotomayor said. “We might not agree on how to get there. We often do. But that doesn’t mean I look at them and say, ‘You guys are bad.’ I accept that it’s a difference of opinion.”
Barrett insisted the justices have “genuine affection” and said that while she and Sotomayor sometimes disagree, Sotomayor has sometimes persuaded her to change her initial position. “We try to work together behind the scenes. We don’t come in and have our minds set and closed. We work together a lot and talk,” Barrett said. “We change our minds.”
Ann E. Marimow contributed to this report.