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Salon
Salon
Politics
Alex Henderson

MYSTERIOUS: Scotus leak derailed effort to save roe | Mind Blowing Facts

Supreme Court Chief Justice John Roberts Mario Tama/Getty Images

When the U.S. Supreme Court voted, 5-4, to overturn Roe v. Wade with its decision in Dobbs v. Jackson Women's Health Organization, Chief Justice John Roberts was the only Republican dissenter. Roberts joined the other Republican-appointed justices in voting to uphold the restrictive Mississippi abortion law that was examined in Dobbs — that part of Dobbs was a 6-3 ruling — but he opposed overturning Roe. And according to CNN legal analyst Joan Biskupic, Roberts tried unsuccessfully to get some of his fellow Republicans to join him in voting not to overturn Roe.

"Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May's unprecedented leak of a draft opinion reversing Roe v. Wade made the effort all but impossible, multiple sources familiar with negotiations told CNN," Biskupic reports. "It appears unlikely that Roberts' best prospect — Justice Brett Kavanaugh — was ever close to switching his earlier vote, despite Roberts' attempts that continued through the final weeks of the session. New details obtained by CNN provide insight into the high-stakes internal abortion-rights drama that intensified in late April when justices first learned the draft opinion would soon be published. Serious conflicts over the fate of the 1973 Roe were then accompanied by tensions over an investigation into the source of the leak that included obtaining cell phone data from law clerks and some permanent Court employees."

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