The first meeting of the Supreme Court justices since the leak of the Roe opinion draft could be a tense affair in a conference-room setting noted for its decorum.
The meeting in the justices’ private, wood-paneled conference room could be a tense affair in a setting noted for its decorum. No one aside from the justices attends and the most junior among them, Justice Amy Coney Barrett, is responsible for taking notes.Thursday’s conference comes at an especially fraught moment, with the future of abortion rights at stake and an investigation underway to try to find the source of the leak.
That’s true of a major abortion ruling from 1992 that now is threatened, Planned Parenthood v. Casey, when Justice Anthony Kennedy initially indicated he would be part of a majority to reverse Roe but later was among five justices who affirmed the basic right of a woman to choose abortion that the court first laid out in roe in 1973.
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.Based on their questions at arguments, Justice Clarence Thomas and former President Donald Trump’s three appointees, Justices Neil Gorsuch, Brett Kavanaugh and Barrett, seemed most likely to join Alito.
The liberal justices, Stephen Breyer, Elena Kagan and Sonia Sotomayor, are expected to dissent from either outcome. But no dissent, separate opinion from Roberts, or even a revised draft majority opinion has been circulated among the justices, Politico reported.
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