Supreme Court Justice Discusses Roe v. Wade Overturning
Dec, 25 2025
Barrett expressed concern that interpreting 'liberty' as an open concept could lead to judicial overreach, potentially undermining democratic principles. She criticized the decision-making process of the justices in Roe, describing it as a 'free-floating' interpretation that imposed rights not explicitly outlined in the Constitution.
As a Trump appointee, Barrett joined a majority of justices in the 2022 case Dobbs v. Jackson Women's Health, which resulted in the overturning of Roe v. Wade. This decision concluded that the Constitution does not confer a right to abortion, a stance supported by Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Chief Justice John Roberts, while Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented.
Barrett further noted that the Constitution is intentionally difficult to amend, reflecting a consensus among the American populace. She argued that Roe imposed a viewpoint on Americans regarding abortion rights rather than reflecting existing constitutional agreements.