WASHINGTON (AP) – Nine Supreme Court justices will meet in person Thursday for the first scheduled meeting following a draft opinion that would repeal Rowe Wade and severely limit abortion rights in nearly half of the states.
Meeting the judges in a private wood-paneled conference room can be a tense event in a setting that is remarkable for its decor. No one was present except the judges and the youngest of them, Judge Amy Connie Barrett, was responsible for taking the notes.
The conference will come on Thursday A particularly frightening timeIn the future of abortion rights and The investigation is underway Try to find the source of the leak.
Last week, Chief Justice of the Supreme Court John Roberts confirmed the authenticity of the opinion disclosed by Politico and ordered the court marshal to begin an investigation.
Roberts pointed out that a draft written by Judge Samuel Alito, released in February, may not be the court’s last word. Supreme Court decisions are not final until they are formally published and the results in some cases will not change between the judges’ first votes after the arguments and before the decision is officially announced. .
This refers to the main abortion decision in 1992, which is now in jeopardy, Planned Parenthood v. Casey, when Judge Anthony Kennedy first said she would be part of the majority to replace Ro, but she was later among five judges who upheld women’s fundamental rights. Choice of abortion, first decided by the court in 1973.
Kennedy personally met with O’Connor and David Souther of Judges Sandra Day to form a common opinion, without suggesting to the public or even other judges what was going on.
“I think it’s a tradition and decoration that everyone writes about the issues around,” said Megan Vold, Alyto’s former attorney. “But at the same time nothing prevents the judiciary from picking up the phone to call, to visit another department.”
A significant change in the current abortion case is unlikely, even in part due to the leak, said abortion law experts and people on both sides of the matter.
“I think the broad contours are unlikely to change.” How important leakage is, it’s going to make big changes that aren’t likely, “said Mary Ziegler, a researcher in the history of abortion at Florida State University School of Law. .
Sheriff Gergis, a law professor at Notre Dame University who was Alito’s former legal clerk, agreed. “You’d be surprised if that changed too much,” Gergis said.
It is not known at this time what he means by this. But Alito’s writing means there were at least five votes to dismiss Roy and Casey in December, soon after the court heard discussions about a Mississippi law banning abortion after 15 weeks. of pregnancy.
Based on them Questions on Topics Judge Clarence Thomas and three former judges appointed by former President Donald Trump, Neil Gorsuch, Brett Cavanaugh and Barrett, appear to have joined Alito.
Roberts seems to be the most inclined among conservatives to avoid making the decision to reverse historic abortion decisions, but his questions suggested he should at least vote in favor of Mississippi law. This result greatly undermines the right to abortion and calls on states to impose stricter restrictions.
If Roberts, who often takes extra steps to maintain the legitimacy of the court, wants the court to avoid Ro and Casey, he just needs to get another colleague’s vote. Enough to take the majority of Alito.
Liberal judges Steven Breyer, Elena Kagan and Sonia Sotomayor are unlikely to agree with both findings. But no opposing opinion, a separate opinion from Roberts, or even a revised draft of the majority opinion was disseminated to the judges, Politico said.
The views of the majority often change in response to kind suggestions and sharp criticism. Judges consider internal development to be an important part of their work.
Judge Ruth Bader Ginsburg noted that harsh criticism of her friend and ideological opponent, Judge Antonin Scalia, improved her views. Scalia died in 2016; Ginsburg, four years later.
The lack of other insights has surprised some former justice lawyers, although Wold said it’s also true that larger, more complex cases traditionally take longer.
Some former employees also said they expect to consider the leak at a weekly meeting Thursday, where judges typically conduct opinions on cases they will hear and select cases in the coming months. Spring is usually a tense time in court, big decisions are expected, often heralding a sharp break and sometimes making broken words.
“I’m surprised if it doesn’t work,” Wold said, adding that what happened, the court is likely to take further action on future projects, including restricting access to them.
Kent Greenfield, a law professor at Boston University who spent a year as a clerk at Souter, also predicts the leak will happen on Thursday. “Roberts is in full union. “He has to face it, but I’m not surprised he has so many options,” Greenfield said.
Source: Huffpost
