The Supreme Court’s nine justices met in private for the first time since the leak of a draft opinion that would overrule Roe v. Wade. The court offered no word on what was discussed other than to indicate at least one decision will be announced Monday.
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.
Kennedy met privately with Justices Sandra Day O’Connor and David Souter to craft a joint opinion, with no hint to the public or even to other justices about what was going on. “I think the broad contours are very unlikely to change. To the extent the leak matters, it will make broad changes unlikely,” said Mary Ziegler, a scholar of the history of abortion at the Florida State University law school.Sherif Gergis, a University of Notre Dame law professor who once was a law clerk for Alito, agreed. “I’ll be surprised if it changes very much,” Gergis said.
If Roberts, who often prefers incremental steps in an effort to preserve the court’s legitimacy, wanted to prevent the court from overruling Roe and Casey, he’d need to pick up the vote of just one other colleague. That would be enough to deprive Alito of a majority.The liberal justices, Stephen Breyer, Elena Kagan and Sonia Sotomayor, are expected to dissent from either outcome.
The lack of any other opinions surprised some former law clerks to the justices, though Wold said it’s also true that bigger, harder cases traditionally take more time.
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