The Supreme Court’s nine justices will gather in private Thursday for their first scheduled meeting since the leak of a draft opinion that would overrule Roe v.
Chief Justice John Roberts last week confirmed the authenticity of the opinion, revealed by Politico, in ordering the court's marshal to undertake an investigation.Roberts stressed that the draft, written by Justice Samuel Alito and circulated in February, may not be the court's final word.
“I think it’s tradition and decorum that everyone corresponds in writing about things that are in circulation,” said Megan Wold, a former law clerk to Alito. “But at the same time, there’s nothing to prevent a justice from picking up the phone to call, from visiting someone else in chambers.”A major shift in the current abortion case seems less likely, at least partly because of the leak, abortion law experts and people on both sides of the issue said.
It's not clear who leaked the opinion, or for what purpose. But Alito's writing means that there were at least five votes in December to overrule Roe and Casey, just after the court heard arguments over a Mississippi law that would ban abortion after 15 weeks of pregnancy., Justice Clarence Thomas and former President Donald Trump's three appointees, Justices Neil Gorsuch, Brett Kavanaugh and Barrett, seemed most likely to join Alito.
Majority opinions often change in response to friendly suggestions and barbed criticisms. The justices consider the internal back-and-forth a crucial part of their work.Justice Ruth Bader Ginsburg remarked that pointed criticism from her friend and ideological opposite, Justice Antonin Scalia, made her opinions better. Scalia died in 2016; Ginsburg, four years later.
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