No one aside from the Supreme Court justices will attend Thursday’s meeting and the most junior among them, Justice Amy Coney Barrett, is responsible for taking notes.
and sharply curtail abortion rights in roughly half the states.
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. "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."
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. 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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