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onenote

(46,334 posts)

29. The holding of the case will be that the Mississippi law is upheld.

Reply to tritsofme (Reply #27)

Tue May 3, 2022, 09:20 AM

May 2022

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.

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Roberts can still throw a wrench [View all] Shrek May 2022 OP

To me the only thing interesting about this is it the draft opinion got leaked Walleye May 2022 #1

Yes that's truly unprecedented underpants May 2022 #2

I know and the freaking language! LeftInTX May 2022 #30

Don't count on it JohnSJ May 2022 #3

The majority opinion won't exactly be scrapped. bucolic_frolic May 2022 #4

It will still be MOMFUDSKI May 2022 #5

+1. No matter how they reword it or who writes it, Roe is dead. dalton99a May 2022 #9

incorrect, upholding the Mississippi law would be the only absolute Amishman May 2022 #14

The draft was "leaked" for a purpose! Callalily May 2022 #6

He has already assigned the task... 2naSalit May 2022 #7

You're assuming he's in the majority? sl8 May 2022 #8

Last night I watched... 2naSalit May 2022 #11

I was referring to your "he has already assigned the task". sl8 May 2022 #13

I was... 2naSalit May 2022 #15

I'm not making my point very well. sl8 May 2022 #19

Okay... 2naSalit May 2022 #21

Seniority: sl8 May 2022 #22

Thomas... 2naSalit May 2022 #23

This message was self-deleted by its author sl8 May 2022 #28

Could be. One more point ... sl8 May 2022 #34

Indeed. 2naSalit May 2022 #36

This message was self-deleted by its author sl8 May 2022 #12

Whistling past the graveyard . . . hatrack May 2022 #10

+1 2naSalit May 2022 #16

Not quite accurate FBaggins May 2022 #17

If Alito has written the first draft it means Roberts already has assigned the opinion to him onenote May 2022 #18

Only if it's 6-3 FBaggins May 2022 #24

If its 6-3 to uphold the Mississippi law, then Roberts is in the majority onenote May 2022 #25

Roberts would not be in the majority if there are 5 votes to overturn Roe, and he is not one of them tritsofme May 2022 #20

He would be in the majority if he supports upholding the Mississippi law onenote May 2022 #26

Roberts needs at least four more votes for his opinion to be more than a concurrence/partial dissent tritsofme May 2022 #27

The holding of the case will be that the Mississippi law is upheld. onenote May 2022 #29

If Alito's opinion is supported by five justices, it will become precedent, regardless of what tritsofme May 2022 #31

That much is true. But if Roberts supports the outcome, but not the reasoning, onenote May 2022 #32

this is correct, thank you for bringing facts to the table Celerity May 2022 #35

But still Roe is over? How does that make it better? Demsrule86 May 2022 #33