Samuel Alito thinks he is on the top of the world.
He gave a speech in Rome on July 28 demonstrating his enormous self-regard, which is sometimes called "the arrogance of power." He gave a speech in Rome on July 28 demonstrating his immense self-regard, which is sometimes called "the arrogance of power."
His theme was religious liberty, but the questions focused on the case of Dobbs v. Jackson Women's Health Organization.
Alito ridiculed heads of state. Alito said that Boris Johnson paid the price for calling the decision a big step backwards.
The idea that the imminent departure of Johnson was related to his criticism suggests Alito is on the verge of arrogance.
The tabloids called Johnson a disgrace because of his party's support for abortion rights.
The French President called the Supreme Court's decision on abortion "undermined by the Supreme Court" and the Canadian Prime Minister called the decision "horrific". Alito didn't mention them, they're serving new terms
After the shock of the decision wears off, it is worth asking what it means for the court itself. The answers don't inspire.
The leak was blamed on liberal law clerks who were trying to humiliate the conservative justices of the court.
It may be years before the "leaker" is revealed, but we can safely conclude it came from a senior associate justice, like Alito or Clarence Thomas.
Keeping five votes in line prevented anyone from joining Chief Justice John Roberts, who preferred a more moderate approach.
The fact that Alito is leading the five-member conservative majority and sidelining the chief justice is something that has never been done before.
Is the court's image and prestige going to survive?
We need to go back further to see how out of keeping Alito's coup is the court's traditions.
The Texas law banning abortions after six weeks was upheld by the court after oral arguments.
Even though Texas included a bizarre enforcement protocol, the courts stayed the laws in conflict with precedent.
Clinics closed overnight in Texas as a preview. Hundreds of women's lives were turned upside down when Dobbs was handed down.
When the Supreme Court announces a new doctrine, it is usually cautious. The case in which the Warren Court ruled against racial segregation in public schools was from Kansas.
The implementing decision for Brown wasn't made until the year after.
The court green-lighted any abortion restrictions, no matter how bad a state legislature might be.
Alito's use of history, his uneemly hectoring of fellow justices, and his faulty reasoning have all prompted comment, but it's his blind faith in his own righteousness that's really disturbing.
The support for and opposition to abortion rights has not changed.
A new five-justice lineup was willing to eliminate a constitutional right for the first time.
Whether the Supreme Court follows the election returns is an open question.
One must ask if the Dobbs decision will go down in history like the Dred Scott case or if it will be a different story.
The author of three books is researching the life and career of a U.S. Chief Justice. Comments can be made at drooks@tds.net.
The article was originally published on the Pompey Herald.
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