Justice Alito Says Obergefell Stands

Justice Alito said Dobbs differs from the same-sex marriage ruling.

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Updated Oct 5, 4:52pm ET

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What happened

Justice Samuel Alito said he does not expect the Supreme Court to overturn its 2015 ruling recognizing same-sex marriage. He made the comments in interviews promoting his forthcoming book, So Ordered: An Originalist’s View of the Constitution, the Court and Our Country. Alito wrote the 2022 Dobbs decision, which overturned Roe v. Wade and held that the Constitution does not guarantee abortion rights. He described Dobbs as requiring judicial courage and said he did not regret writing it. Alito said the leaked Dobbs draft endangered justices, after protests outside conservative justices’ homes and an assassination attempt on Justice Brett Kavanaugh. The book was scheduled for release Tuesday.

How each side covered it

From the left

Left-leaning outlets cast Alito’s reassurance on same-sex marriage as unconvincing because it sidestepped the real effects of ending Roe. MS NOW argued his reliance distinction did not face the disruption caused by Dobbs. AlterNet focused on his intimidation comments, portraying them as a sign of an isolated court mindset.

From the right

Right-leaning outlets emphasized Alito’s warning that the Dobbs leak put conservative justices in danger, rather than questioning his same-sex marriage assurance. Christian Post highlighted Alito’s view that the leak made justices targets and cited his belief that Obergefell is not likely to fall. The Gateway Pundit centered his defense of originalism as adaptable to new technology.

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