Mollie Hemingway
๐ค SpeakerAppearances Over Time
Podcast Appearances
No.
So you had five who were willing to overturn Roe, but then Roberts would have joined to uphold the Mississippi law, but not overturn Roe.
So that meant that Roberts wasn't in the majority.
Now, if he were, he would assign who writes the opinion.
But this meant that Thomas was the most senior justice.
So he assigned the opinion and he knew it had to be done perfectly.
Well, Justice Alito, who's been on the court now for close to 20 years at this time, he knew how to keep fragile majorities together.
And that's important because, you know, again, we just we talked about the Obamacare decision.
That was a majority that flipped because the majority wasn't
you know, it didn't stay together.
And Thomas knew that Alito could keep that majority together, incorporate everything that each justice wanted and write it in a way that didn't, you know, force anyone out.
And so he assigns it to Alito and Alito gets it done in such a short period of time.
It's unbelievable.
You know, this is a, this is a landmark case.
This is one of the most important decisions in Supreme Court history.
And he has a draft done by very early February.
And he had, because he'd clearly been working with the other justices, the other justices who were in the majority almost immediately sign on to it.
But that means that everyone on the court had the draft by early February.
And they'd had 50 years to think about what to do about this issue.
And yet they just weren't getting their dissent together for month after month after month.