Tribe accused the justices of misleading him to justify their decision to throw out the case.
Tribe warned people not to be fooled. He said that the writings from which the court cherry-picked his quotes were in support of the result.
The Dobbs majority misleadingly quotes me on pages 50 and 54 in straining to justify a decision the dissent rightly calls an exercise in “power, not reason.” Don’t be fooled. The writings from which the Court cherry-picked my quotes were totally supportive of the result in Roe.
— Laurence Tribe (@tribelaw) June 25, 2022
The conservatives on the court twisted his words and took them out of context. He called for the decision that affects tens of millions of women to be thrown into disarray.
Three men — Presidents GHW Bush (Justice Thomas), GW Bush (Justices Alito, Roberts), Trump (Justices Gorsuch, Kavanaugh, Alito) — two of whom won with a minority of the popular vote — have done this to tens of millions of women and to the rule of law. This must be undone.
— Laurence Tribe (@tribelaw) June 25, 2022
Justice Samuel Alito didn't bother to fix the inaccuracies in his ruling that had been pointed out by historians in his draft of the opinion.
Alito was criticized for justifying his decision with quotes from Sir Matthew Hale.
Historians said that Hale was not that. The English judge sentenced witches to death and warned against trusting women who reported being raped. A woman placing her body under her husband's "permanent dominion" renders any rape accusation illegitimate.
According to The Washington Post, Alito misrepresented facts about Hale's time when abortion was unregulated until a fetus "quickened" or was first felt moving in the uterus, which can happen as late as 25 weeks into a pregnant woman's life.
Hasday wrote that it was "long past time to leave that misogyny behind" when it came to Alito's praise of Hale.
Alito didn't pay attention to the criticism of Hale because he and those joining him felt like they were above the law.
The article was first published on HuffPost.