A new book by conservative author and Fox News contributor Mollie Hemingway provides details on the internal tensions among Supreme Court justices in the aftermath of the Dobbs opinion leak in May 2022, including an incident in which Justice Elena Kagan confronted Justice Stephen Breyer over his willingness to accommodate security concerns raised by conservative justices.
The book, titled "Alito" and set for release Tuesday, describes Kagan as having 'remonstrated with Breyer not to accommodate the majority' after Justice Samuel Alito requested that liberal justices speed up their dissents due to security threats. Hemingway wrote that observers noted Kagan was screaming 'so loudly' that 'the wall was shaking.'
The confrontation occurred during a May 12 conference meeting, which only the nine justices attend. According to Hemingway's account, Alito had asked all justices to prioritize completing their dissents because delays in issuing the decision posed a security risk.
What the Left Is Saying
Progressive supporters of abortion rights have defended the actions of the liberal justices during the Dobbs deliberations. While the book portrays Kagan's confrontation with Breyer as fractious, supporters of reproductive rights have emphasized that the five conservative justices ultimately voted to overturn nearly 50 years of precedent.
Abortion rights advocates have also focused on the severe security threats that followed the leak, noting that protesters frequently gathered at conservative justices' homes. Following the leak, Attorney General Merrick Garland ordered the U.S. Marshals Service to provide full-time security for all justices.
Progressive legal scholars have argued that the leak itself was an extraordinary breach of court protocol, while maintaining that the liberal justices were within their rights to take time crafting dissents on such a consequential decision.
What the Right Is Saying
Conservative commentators and supporters of the majority decision have pointed to the book as evidence of deep divisions within the liberal bloc. They note that Justice Neil Gorsuch reportedly asked dissenting justices for a deadline by which they might complete their work, and they refused to provide one.
The book describes how abortion rights supporters 'had an incentive to kill one or more of the justices in the majority to change the outcome.' Conservative critics have argued this underscores the gravity of the security situation and justifies the majority's concerns.
Hemingway wrote that Justice Amy Coney Barrett had to put on a bulletproof vest in front of her children, and the Alitos were moved to a secure location. The conservative perspective holds that the liberal justices' refusal to expedite their dissents demonstrated disregard for the safety of their colleagues.
What the Numbers Show
The Supreme Court's landmark decision in Dobbs v. Jackson Women's Health Organization was issued June 24, 2022. The vote to overturn Roe v. Wade was 5-4, with Justice Brett Kavanaugh joining the majority. The vote to uphold Mississippi's 15-week abortion ban was 6-3.
Following the leak in May 2022, the U.S. Marshals Service was directed to provide full-time security for all nine justices. In June 2022, before the decision was officially released, Nicholas Roske (now known as Sophie Roske) was arrested near Justice Kavanaugh's home armed with a pistol, knife and burglary tools.
Roske pleaded guilty to attempting to murder a Supreme Court justice and was sentenced to eight years in prison, though the Department of Justice is appealing that sentence.
The draft opinion authored by Alito was published May 2, 2022, in Politico, representing an unprecedented breach of the court's confidentiality rules. The leaker has never been publicly identified.
The Bottom Line
The new book provides behind-the-scenes detail on the internal dynamics of the Supreme Court during one of its most contentious periods in modern history. The confrontation between Kagan and Breyer, as described by Hemingway, illustrates how the leak and subsequent security threats strained relationships among the justices.
The Dobbs decision fundamentally altered the legal landscape on abortion in the United States, returning the issue to state-level regulation. The book's release comes as abortion remains a central issue in political campaigns ahead of the 2026 midterm elections.
Hemingway's account is based on interviews with most of the justices, conducted on background. Representatives for Breyer and the Supreme Court's press office did not provide comment on the book's claims.