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global1

(25,270 posts)
Tue May 3, 2022, 11:41 PM May 2022

The SCOTUS Document That Was Leaked - Did A Date Appear On The Document?....

I haven't kept up with all the news surrounding this leak. So maybe the answers to my following questions have already been answered. But for us folks that were tie-up with other things - could you perhaps help answer these questions.

Just curious as to when this document was created.

Also - did the judges deliberate on this issue and vote on it? Or was this document created in advance of any deliberations by the judges?

I hear that this was a draft of on abortion opinion. Is this the opinion of just the one judge - or was he speaking for all the judges?

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The SCOTUS Document That Was Leaked - Did A Date Appear On The Document?.... (Original Post) global1 May 2022 OP
Nothing 'official,' just a place-holder: February ... '22. elleng May 2022 #1
Apparently they voted up/down in Conference, after oral argument, elleng May 2022 #2
Can't believe Thomas wasn't in the majority so he would have assigned Alito. n/t CincyDem May 2022 #3
Alito elleng May 2022 #5
Senior justice in the majority always assigns the brief. CincyDem May 2022 #8
Dunno. elleng May 2022 #7
I suspect that making a final majority vote to kill R v Wade will be more difficult than Eyeball_Kid May 2022 #4
YES, and thank goodness!!! elleng May 2022 #6
I imagine they're horrified that their dirty laundry was aired! LeftInTX May 2022 #9

elleng

(131,102 posts)
2. Apparently they voted up/down in Conference, after oral argument,
Tue May 3, 2022, 11:47 PM
May 2022

majority voted Roe down, Alito was senior among the 'down' group, so Alito was assigned to draft it.

NOW it's shared among them all, concurrences and dissents written now. (I'm extrapolating the process, from what I've read; I haven't participated in such.)

elleng

(131,102 posts)
5. Alito
Tue May 3, 2022, 11:56 PM
May 2022

was nominated by President George W. Bush on October 31, 2005, and has served since January 31, 2006. Wikipedia

Thomas Justice Clarence Thomas has served as an associate justice of the United States Supreme Court since October 23, 1991.

Don't know how drafting decision made.

CincyDem

(6,385 posts)
8. Senior justice in the majority always assigns the brief.
Wed May 4, 2022, 12:08 AM
May 2022

If the chief is in the majority, he assigns it. That’s why we’ve seen Roberts (prior to losing Ginsberg) join the 5-4 majority to make it 6-3 and cintrol the messaging in the brief. But those days are fine, eh?

elleng

(131,102 posts)
7. Dunno.
Wed May 4, 2022, 12:01 AM
May 2022

Since he joined the court through the 2020 term, Thomas authored the majority opinion in a 5-4 decision 40 times and authored a dissent in an 8-1 decision 30 times.

Eyeball_Kid

(7,434 posts)
4. I suspect that making a final majority vote to kill R v Wade will be more difficult than
Tue May 3, 2022, 11:54 PM
May 2022

it now appears.

Whoever leaked the draft gave the nation a heads-up. There can now be an extended national discussion BEFORE the ruling. Groups can now mobilize. That's good.

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