Justice Stephen Breyer holds up a copy of the U.S. Constitution as he announces his retirement from the Supreme Court at the White House on Jan. 27, 2022. (Reuters/Kevin Lamarque)
The Supreme Court issued a 6-3 ruling in Dobbs v. Jackson Women's Health Organization in June 2022 to uphold a Mississippi law banning abortion after 15 weeks of pregnancy. The decision came just weeks after an unprecedented draft leak published by Politico showed Justice Samuel Alito's majority opinion outlining the decision to effectively end the recognition of a constitutional right to abortion.
Following the leak, churches and pro-life groups saw violent and destructive attacks, including a pro-life center in New York getting "firebombed" by protesters, menacing graffiti on church properties across the nation, and a letter from a radical abortion group called "Jane's Revenge" declaring "open season" on pro-lifers. Conservative justices also saw repeated protests outside their homes in response to the leak and ultimate decision.
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In previously aired portions of the interview, Breyer had described the leak as "unfortunate."
Stephen Breyer joined Justices Elena Kagan and Sonia Sotomayor in writing the dissent to the Dobbs decision. (Supreme Court of the United States)
Welker continued asking if Breyer was hopeful the justices could reach a compromise regarding allowing abortion at 15 weeks ahead of the decision.
"Did you think that a compromise was possible before the leak around 15 weeks?" Welker asked.
"I usually hope for compromise," Breyer responded.
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"So you were hopeful there could be a compromise?" she continued.
"You want to put words in my mouth," Breyer responded lightheartedly. "I'm careful what I say on this. Because I say our interests are different. I don't want to make news. I've written what I thought. If you think there's news in here or in the dissent, go right ahead. But, I don't want to say something in addition."
Breyer added that he "always" thinks compromise is possible.
Members of the Supreme Court, from left, Justices Amy Coney Barrett, Neil M. Gorsuch, Sonia Sotomayor, and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ketanji Brown Jackson, Samuel A. Alito, Jr., Elena Kagan and Brett M. Kavanaugh on Sept. 30, 2022. (Collection of the Supreme Court of the United States via Getty Images)
Breyer was nominated to the nation's highest court by President Bill Clinton to fill former Justice Harry Blackmun's seat in 1994. Blackmun wrote the court's opinion on Roe v. Wade in 1973.
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Breyer resigned in 2022, with President Biden nominating Ketanji Brown Jackson as the successor. She was confirmed the same year.
Fox News Digital's Gabriel Hays contributed to this report.
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