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Roberts can still throw a wrench
If he joins the majority, he decides who writes the opinion (could even be himself).
This burn-it-all-down opinion from Alito could be completely scrapped.
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Walleye
(45,095 posts)
underpants
(196,843 posts)The head legal reporter at Politico Josh Gerstein was just on Morning Joe explaining the leak. He wrapped himself on journalism back checking and sourcing. He really didn’t cover the breaking of precedent and posting this.
LeftInTX
(34,557 posts)Sounds like Alito and Thomas got together and put their anger on pen!
It's over the top and scary as hell
They could just say, "Well the constitution doesn't say anything about abortion, so Mississippi can have their way" Instead Alito is insulting the entire world!
JohnSJ
(98,883 posts)
bucolic_frolic
(55,437 posts)MOMFUDSKI
(7,080 posts)5-4.
dalton99a
(94,736 posts)
Amishman
(5,929 posts)Roberts playing this suggested card so he can write the decision means he could make the wording/scope of the decision so narrow that it cannot be applied outside of Mississippi, essentially punting on the broader topic.
Callalily
(15,410 posts)
2naSalit
(103,353 posts)To Alito and this draft shows that it's basically a done deal except for fine tuning. They may hold yet another vote, this may be the first salvo in a set of offerings back and forth, we don't know for sure. If this is a trial balloon to see how bad it could be, we should show them, quite clearly, how much we disagree.
sl8
(17,120 posts)If not, he didn't assign the decision.
2naSalit
(103,353 posts)TRMS (I think) w/Dalia Lithwick and what I got from her was that sequence and that it appears it's pretty much done and Alito, having written the draft opinion, was the draft of the official opinion. As I said, she stated there could be another vote since this could be offered with the expectation of a dissenting statement and possible debate but she anticipates that the majority will hold in favor of this travesty.
sl8
(17,120 posts)By "he", I thought you were referring to CJ Roberts. He only would assign the decision if he were in the majority.
If you weren't referring to Roberts, then, nevermind. 
But it doesn't matter how he decides on the matter since it would only make it 5:4 rather than 6:3. So if the others are for overturning Roe then it's over. According to those whom I heard last night, I watched several groups weigh in, Roberts had already given the task of writing the majority opinion to Alito as this draft would indicate should it be legit.
That's what I got from all those legal talking heads, along with other points. And that's what I was saying. Roberts can go with the minority but it is still a minority. I think the conversation I'm referring to is posted on DU.
sl8
(17,120 posts)CJ Roberts could not assign the opinion to anyone, unless he's in the majority.
It's the senior justice in the majority that assigns the opinion. That's the the CJ, only if he's in the majority.
Personally, I doubt he's in the majority. Not completely, anyway. But, that's just my opinion, and you know what that's worth.
Well then, I guess Alito is is the next in line as far as deciding who writes it? 
Regardless, this is something that cannot be allowed to stand by we the people. This will be a major defining issue.
Chief Justice
Clarence Thomas
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagan
Neil Gorsuch
Brett Kavanaugh
Amy Coney Barrett
Laying low due to Ginny problems?
Response to 2naSalit (Reply #23)
sl8 This message was self-deleted by its author.
sl8
(17,120 posts)Roberts could disagree with the other conservatives about all sorts of Roe/Casey issues, but if he is in favor of upholding the Mississippi law, then he's in the majority and gets to assign the opinion.
onenote's post explains it better:
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=16651563
I just couldn't recite all that.
It's a very bad situation right now.
Response to 2naSalit (Reply #7)
sl8 This message was self-deleted by its author.
hatrack
(64,993 posts)They want to destroy it all, and they want to start destroying it now.
Dixie/Gilead beckons.
Forcing the "rapture" perhaps?
FBaggins
(28,706 posts)Yes - if he's in the majority then he assigns the writing of the opinion. But any justice can write a concurring/dissenting opinion and any justice can join with one or more opinions.
If he writes one that gets six votes, but Alito's remains and gets five votes... it's just as precedent-setting as if it were the primary opinion.
onenote
(46,188 posts)FBaggins
(28,706 posts)Or, more precisely, if Roberts is with the majority.
If it's the expected 5-4, then Thomas assigned it to Alito and Roberts is with the minority (or otherwise dissenting in part)
onenote
(46,188 posts)Even if he ends up writing a separate, concurring decision in which he argues that the law could be upheld without overturning Roe.
tritsofme
(19,922 posts)onenote
(46,188 posts)Even if he supports that result on narrower grounds.
tritsofme
(19,922 posts)From whatever the Alito’s five signed onto.
onenote
(46,188 posts)Six members of the court are all but certain to support that result. That allows Roberts, as CJ, to assign the opinion, even if he doesn't agree with the reasoning of the five other justices.
An example: In 2019, the Court struck down a Louisiana abortion law in June Medical Services v. Russo. It was a 5-4 decision. The opinion of the Court was written by Breyer and signed onto by three other justices. The fifth vote was provided by Roberts, who didn't sign onto the Breyer opinion but supported the result in a separate concurring opinion. Roberts would have been the one to assign the opinion since he was in the "majority" with respect to the outcome of the case, even though he didn't support the reasoning of the other four members of the majority.
tritsofme
(19,922 posts)Roberts holds. He cannot thwart the will of the Court’s majority as OP suggests.
onenote
(46,188 posts)he's part of the majority and would assign the opinion.
I posted an example: June Medical Services v. Russo, a 2019 case that struck down a Louisiana abortion law in a 5-4 vote. Roberts provided the fifth vote, but didn't sign onto the "opinion of the court" which was signed onto by only four justices. Roberts' vote was provided in a concurring opinion. Because he was part of the "majority" with respect to the outcome, he would've been the one to assign the opinion.
Celerity
(54,666 posts)