by Corey Feuer
Mississippi Solicitor General Scott Stewart joined students and Nashville community members to discuss his role in arguing Dobbs v. Jackson Women’s Health Organization (2022), the landmark Supreme Court case that overturned the constitutional right to an abortion. Stewart represented Mississippi in the case and argued in favor of overturning decisions from Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).
Stewart spoke about the difficulties of arguing Dobbs and the ramifications of the Court’s decision. He also discussed the early leaking of the Court’s opinion to the public.
A Test of Character
“If you want to do big things in the law, the most important thing will be character,” Stewart told audience members.
He emphasized the difficulties of arguing a controversial, high-profile case like Dobbs, noting that it made him ask tough questions and reflect on himself. “Do you do the right thing when it’s hard? How do you handle being attacked? You learn who you really are,” he said.
Stewart also noted that while playing a leading role in such a closely watched case could be scary, the high-profile nature of his position gave him the conviction to fight for what he felt was right, even if it was unpopular.
“When [a lawyer’s] name is the one on the line,” he said, “you see who they really are.”
He added that despite people thinking the Court would never overturn Roe and Casey, he did not let doubt get in his way.
“When you stand up for the right thing and you do it the right way, impossible things become possible.”
A Landmark Decision
Stewart lauded the five Supreme Court justices who voted to overturn Roe and Casey.
“Despite all the pressure,” he said “the justices who believed Roe and Casey were wrong did the right thing when the right thing was hard. It takes character to do that.”
Asked by Starrett about critics who claim the Dobbs ruling to be antidemocratic, Stewart defended the decision.
“It’s a lot of things, but it’s not undemocratic,” he argued, adding, “It returned [abortion rights decisions] to the democratic process.”
An Unprecedented Leak
Stewart recalled his shock at the early leaking of the Dobbs decision.
“I remember walking with my wife, walking our dog in Jackson, Mississippi, and all of a sudden, I get a string of texts from all these friends with a political article. And I look at it and it’s like, wow, right? That looks like an opinion.”
He expressed his disappointment in the leak, noting that he worried about its effect on the Supreme Court’s reputation.
“The leak was hugely damaging to the Court,” he said. “It was a huge blow to the country.”
