In his first public appearance since Monday’s leak, Roberts also said that if the “man” or “people” behind the leak thought it would affect the work of the Supreme Court, they were “stupid.” Roberts spoke at a meeting of lawyers and judges at the 11th District Judicial Conference while the court was on a short break. The judges will meet again during a closed-door conference in Washington on May 12.
Roberts’ comments come after demonstrations on both sides erupted across the country, and abortion rights advocates fear that states in much of the South and Midwest are ready to ban the procedure when the court issues a final ruling. in July.
The draft opinion – written by Judge Samuel Alito and published by Politico on Monday night – called on the court to overturn Rowe v. Wade, the remarkable 1973 opinion that legalized abortion across the country.
“The constitution does not mention abortion, and no such right is implicitly protected by a constitutional provision,” Alito wrote. He said Roe was “extremely wrong from the start” and that his motives were “extremely weak and the decision had harmful consequences”.
Roberts did not want to completely annul Rowe against Wade, which means he would give up some of the opinion, CNN sources say, possibly with the three Liberals in court.
The Court confirmed the authenticity of the draft opinion, but emphasized that it was not final and did not reflect the final position of any member of the court.
Despite the controversy, Roberts seemed optimistic on Thursday as he spoke in a room full of judges and lawyers. Judge Clarence Thomas, who will address the same group on Friday, sat in the front row. At one point, Judge Ed Carnes, who was the moderator, mentioned that Roberts had recently changed the form of the oral argument to allow fewer interruptions. Thomas liked the new format so much that after rarely asking questions for years, he often started the first question of each session.
On Thursday, Roberts noted that he had worked to be an “honest” broker so that everyone could speak, and called on Thomas in the audience for his views on the form. Grinning, Thomas just raised his thumbs.
“It was a thumbs up,” Roberts said with a laugh.
He also praised his fellow judge, Stephen Brier, who will retire by the end of his term, calling him “the most collegial member of the court”. “I’m going to miss him so much,” Roberts said, but also admitted that Breyer’s long hypotheses, which were trademarks during oral litigation, were sometimes “absolutely confusing.”
Carnes asked Roberts about his views on several areas of court work. Roberts said a good brief “shouldn’t have a lot of fluff in it.” He suggested that the briefs of “most” friends of the court were not helpful. “They are useful when they have a purpose,” he said. He was also critical of the articles reviewing the legislation – calling them too “theoretical” at times. During the oral argument, Roberts said the lawyer should not “discuss a matter” but instead put himself in the judge’s shoes.
He also spoke of his early goal of seeking unanimity on the bench. “I soon learned on the court that unanimity means 7-2,” he joked. But he said narrower opinions, joined by more judges, are sometimes a “good goal”. And he admitted that not all dissidents should see the light of day. He said he saw a good reason for “graveyard disagreements” being buried.
He spoke briefly about the time he chaired the impeachment and said he had done his homework by reading transcripts of other impeachment hearings. “You want to think you’re leading this process,” he said, “but you’re not.” But he honored the Senate by saying he felt “the real importance of the case.”
Roberts was greeted with applause by judges and lawyers and arrived with security. The press rules of the 11th District Judicial Conference were so strict that reporters were not allowed to bring phones or laptops into the speaking room. In addition, they were forbidden to record the speech even for the purpose of taking notes.
Roberts, who is also an official member of the Smithsonian’s board, said he borrowed a painting to hang in his rooms depicting an island in Maine near where Roberts and his wife spend the summer months.
Each term, Roberts said, “I look at it with longing – starting now.”
This story has been updated with additional details.
Devan Cole of CNN contributed to this report.
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