Congresswoman Accuses Supreme Court Justices of Lying Under Oath on Roe v. Wade

The recent draft opinion leak out of the Supreme Court suggesting Roe v Wade could be overturned after decades shows that certain Supreme Court Justices “lied” while testifying to Congress during their confirmation hearings, Rep. Pramila Jayapal (D-WA) told MSNBC on Wednesday.

Speaking with host Jose Diaz-Balart, Jayapal echoed concern among other politicians and activists since the leak, calling this a “tragic moment for the country.” But she had especially harsh words for the five judges whose names were attached to the opinion, which has been authenticated. The opinion was authored by Justice Samuel Alito — with Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett reportedly joining the opinion, according to Politico.

“This is so out of step with where the country is today. It is our decision and our decision only to have control over our own bodies,” Jayapal said, noting the judges were all appointed by presidents who lost the popular vote in their races (though they won the Electoral College, which is why they won their elections).

The latest draft opinion, which is not final, delegitimizes the court, Jayapal argued — calling it a political move and accusing the judges behind it of lying to Congress.

“This is government-mandated pregnancy and it is an outrage, and I think it really undermines and delegitimizes the Supreme Court as a a body that can make decisions that are not just purely political, and Supreme Court Justices that, frankly, lied under oath when they were testifying to Congress on this question,” she said.

Jayapal did not specifically name judges after her accusation, but she later blasted those who voted to confirm Justices Barrett and Kavanaugh, two judges nominated by former President Donald Trump who each went through their own fireworks during their confirmation hearings.

A press release from House Speaker Nancy Pelosi (D-CA) and Senate Majority Leader Chuck Schumer (D-NY) responding to the leak also accused Supreme Court Justices of lying to lawmakers.

Much has been made recently about the opinions from the Justices behind the draft opinion on Roe v Wade, with many of the judges saying the law is a precedent set by the court that has been reaffirmed over the years, though some have seemed to keep the door open to challenges.

The two Justices name-checked by Jayapal, Kavanaugh and Barrett, were both questioned about Roe v. Wade during their confirmation hearings.

“It is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis,” Kavanaugh said on the subject, saying later he would listen to “all arguments” on the ruling. Kavanaugh’s position, however, has been complicated by the fact that Sen. Susan Collins (R-ME) said in 2018 that the judge considered Roe v Wade “settled law.” She also accused Justice Gorsuch of flip-flopping on the issue.

While Coney Barrett did not say Roe v Wade should be overturned during her confirmation, she did refuse to call the ruling a “super precedent,” noting the debate that still rages over abortion laws in the U.S. today.

“I’m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in that category,” she said at the time.

On Wednesday, Jayapal acknowledged legislation meant to codify Roe v Wade would likely be stalled in the Senate, but insisted a vote should take place anyway to make all lawmakers views on current abortion law clear.