In the recent State of the Union address, US President Joe Biden delivered a pointed message to the Supreme Court. During his speech, Biden specifically referenced a recent decision – a controversial ruling by the Alabama Supreme Court that functionally outlawed in-vitro fertilization (IVF), a case that received significant attention during the national address.
Biden eloquently placed the blame on the United States Supreme Court for this verdict. His critique of the justices began with the preface, “with all due respect, justices”, a phrase often used as an opener for criticism. The president quoted the Dobbs opinion verbatim during his address:
“Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office. Women are not without electoral or political power.”
While Biden cited the Court approvingly, the underlying intent of his choice of citation was interpreted as an indirect critique. This critique stemmed from the opinion that the passage provided a false representation of how rights really work. Why should gun owners, who also possess electoral and political power, not abide by the electorate’s decisions?
The Dobbs ruling was viewed by many as the first step in a larger effort to curtail reproductive rights, beginning with the Alabama decision. The Dobbs majority’s decision may be forthcoming connected to subsequent efforts to prevent reproductive rights.
Some Justices, particularly Sotomayor and Kagan, who dissented on the Dobbs decision, and Justice Jackson who wasn’t a constituent at the time, might haven’t objected to the President’s critical tone. However, the main target of Biden’s criticism was undeniably Chief Justice Roberts, alongside Justices Gorsuch and Kavanaugh.
Besides the upstanding justices, Biden’s words may also have resonated with Justice Anthony Kennedy, who in opting for retirement, enabled contentious decisions like Dobbs. Justice Alito, even though he wasn’t present, drafted the controversial Dobbs opinion and has since avoided attending the State of the Union.
While the State of the Union address offers a platform for the President to provide his vision and goals for the nation, this year, it served as an arena where Biden challenged the Supreme Court directly, pointing out the potential flawed factors in their decision-making process.