Supreme Court abortion decision faces churn of draft opinions, dissents.
Associate Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation on Oct. 21, 2021 in Washington, DC.Several former Supreme Court clerks, once intimately involved in the opinion drafting process, told ABC News the Dobbs majority opinion -- and related concurring and dissenting opinions -- are all likely in the midst of tense and frenzied rounds of revision.insists on business as usual – even when the building is on fire," said Sarah Isgur, an ABC News legal analyst.
Over the past three and a half months, the justices have likely been providing feedback to Alito in the form of electronic and paper memos between chambers, former clerks said. Only around 80 people -- the justices, clerks and administrative staff -- have access to draft opinions and dissents as they circulate, sources say.
"It is a common experience that dissents change votes, even enough votes to become the majority," the late Justice William Brennan once said,Roberts famously changed his position several times behind the scenes in 2012 during the first major challenge to the Affordable Care Act.
"Sometimes people take an even more extreme position and say, I was wrong. I thought I was going to vote to uphold this law, but I can't do it, so I'm going to join the dissent, or I'm going to wait and see what the dissent has to say and see which one is better," Barkow said.
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