Comment Justice Samuel A. Alito Jr. in a speech in Rome he dismissed criticism from foreign officials, who he said had “disparaged” his overturned opinion Roe v. Wadethe landmark decision that granted a constitutional right to abortion. Speaking last week at a conference promoting religious freedom, Alito spoke publicly for the first time about the decision he wrote in Dobbs v. Jackson Women’s Health Organizationwhich he characterized during his remarks as the case “whose name may not be spoken”. “I’ve had the honor this term of writing, I think, the only Supreme Court decision in the history of this institution that has been criticized by a whole series of foreign leaders who felt very comfortable commenting on American law,” Alito said. “One of them was an ex [United Kingdom] Prime Minister Boris Johnson. But he paid the price,” Alito joked, to applause from the crowd. Johnson has been embroiled in scandal and this month announced plans to step down. With sweep and speed, Supreme Court conservatives are sparking a new era Alito spoke July 21 at the Notre Dame Religious Liberty Summit, sponsored by the Religious Liberty Initiative at the university’s law school. Founded in 2020 to promote “religious freedom for people of all faiths through scholarship, events and the Law School’s Religious Freedom Clinic,” which brings cases to the Supreme Court. Justices often don’t reveal their speeches in advance, and Alito’s came to light Thursday after the law school issued a press release and posted a video of the speech on YouTube. Alito said he resisted citing examples from other countries whose protections for religious freedom he sees as inadequate, even as he said foreign leaders — he also cited French President Emmanuel Macron and Canadian Prime Minister Justin Trudeau — criticized the court’s ruling overturning the federal right to abortion. The decision sent abortion regulation back to the states, and since then many states have significantly restricted the procedure, and 11 states have restricted abortions after six weeks or effectively banned them, according to abortion rights groups. The audience laughed at what Alito sarcastically said was the most damaging criticism since Britain’s Prince Harry. “But what really hurt me — what really hurt me — was when the Duke of Sussex spoke at the United Nations and seemed to compare the resolution whose name may not be heard to the Russian attack on Ukraine,” Alito said. The Supreme Court’s bold majority shows it is eager for change Alito in his speeches often says that religious freedom is not treated with the same respect as other constitutional rights. But the Supreme Court term that just ended was nothing short of a complete victory for religious groups. Overthrow Roe has been a longtime goal of religious conservatives, but individually the court’s six conservative justices have consistently sided with protecting religious faith because of concerns about government endorsement of religion. Ruling on a coach disciplined by his school board for prayers at midfield after games, he said Boston was not free to deny a request by a Christian group to fly its flag at city hall, fearing it would be seen as an endorsement of religion if other groups are given. the privilege, and said Maine cannot prohibit religious schools from charging public tuition that extends to other private schools. But Alito said some people view religious faith like other enthusiasms, such as supporting professional sports teams. He wondered if some of his dissenting colleagues fully understood the Constitution’s protection of religious freedom. The judge, now shown in the video sporting a beard, suggested a hypothetical entrance for three lawyers in court requiring the removal of head coverings: a Jew wearing a kippah, a Muslim wearing a headscarf and a man wearing a Green Bay Packers hat. On whether the man in the Packers hat should be accommodated the same as others, Alito said, “To me, the United States Constitution provides a clear answer.” He added: “Some of my colleagues are not so sure. But to me, the text tells the story: the Constitution protects the free exercise of religion, it does not support the free exercise of support for the Packers.” Alito did not say why he thought some of his colleagues might disagree. Alito said for some, religious freedom protections shrink into freedom of worship. “When you’re out in the public square, in broad daylight, you’d better behave like a good secular citizen,” he said. Alito said protecting religious freedom is also important to freedom of speech and freedom of assembly. “Religious freedom and other fundamental rights tend to go together,” he said. The judges have split after their furious session, of which the Dobbs The decision was just one that divided the court’s conservatives and liberals. There are signs that the rift remains. Kagan says legality issues are dangerous for the Supreme Court In a speech at a judicial conference last week, liberal Justice Elena Kagan said the court’s legitimacy is threatened when longstanding precedent is rejected and the court’s actions are seen as motivated by personnel changes among justices. “If, over time, the court loses all connection with the public and public sentiment, that is dangerous for democracy,” Kagan told a conference of judges and lawyers in Montana. He added: “People are rightly suspicious if a judge leaves the court or dies and another judge takes his or her place and suddenly the law changes on you.” In a separate event Thursday, two other justices struck a more conventional and upbeat tone about the court’s work. In a taped conversation about the civil suit, Justices Sonia Sotomayor and Amy Coney Barrett talked about their efforts to deal with disputes with their colleagues by making personal connections at court lunches and birthday parties. “Every single one of my colleagues is as passionate about the Constitution, our system of government and getting it right as I am,” Sotomayor said. “We may disagree on how to get there. We often do. But that doesn’t mean I look at them and say, “You’re bad people.” I accept that this is a difference of opinion.” Barrett insisted the justices have a “genuine affection for each other” and said even though she and Sotomayor disagree at times, Sotomayor has at times convinced her to change her original position. “We try to work together behind the scenes. We don’t go in and have our minds closed. We work together and talk a lot,” Barrett said. “We’re changing our minds.” Ann E. Marimow contributed to this report.
