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FIRST ON FOX: Justice Elena Kagan’s frustrations boiled over in the aftermath of the Dobbs opinion leak in 2022, leading her to allegedly scream “so loudly” at Justice Stephen Breyer that the “wall was shaking,” observers said, according to a new book.
Conservative author and Fox News contributor Mollie Hemingway’s forthcoming book “Alito,” reviewed by Fox News Digital and set for release Tuesday, details the incident and other heated moments surrounding the leak, which spurred waves of protests and death threats against the five conservative justices expected to overturn Roe that year.
The Supreme Court’s deep division on abortion was clear at the time, but the book reveals that a typically unified liberal bloc was also fractured.
Hemingway wrote that Kagan, an Obama appointee, angrily confronted Breyer, a Clinton appointee, in May 2022 behind closed doors after at least one justice, Samuel Alito, had asked his liberal colleagues to speed up writing their dissent because of security threats. Breyer was most likely to agree to Alito’s request, Hemingway wrote.
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Justice Elena Kagan, retired Justice Stephen Breyer (Erin Schaff, Evan Vucci-Pool/Getty Images)
“Though he had not said he would accommodate the justices whose lives were at risk by getting out a dissent, [Breyer] was the member of the liberal bloc most willing to do so,” Hemingway wrote. “Fiercely liberal in his jurisprudence and in strong disagreement with the majority decision, he nevertheless was a gentleman and a friend to all on the Court. Kagan remonstrated with Breyer not to accommodate the majority, screaming so loudly, observers noted, that the ‘wall was shaking.’”
Fox News Digital reached out to representatives for Breyer as well as the Supreme Court’s press office for comment on the book.
The security threats at the time were severe, as protesters who supported…
