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BEHIND THE SCENES AT THE DISMANTLING OF ROE V. WADE

Dec. 16, 2023 at 12:33 pm

1 of 8 | The inside story of how the Supreme Court overturned the constitutional
right to abortion — shooting down compromise and testing the boundaries of how
the law is decided. (Erin Schaff/The New York Times; Illustration by Matt
Dorfman/The New York Times)
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By
ADAM LIPTAK
and
JODI KANTOR
The New York Times

On Feb. 10 last year, Justice Samuel Alito showed his eight colleagues how he
intended to uproot the constitutional right to abortion.

At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson
Women’s Health Organization. After a justice shares an opinion inside the court,
other members scrutinize it. Those in the majority can request revisions,
sometimes as the price of their votes, sweating sentences or even words.

But this time, despite the document’s length, Justice Neil Gorsuch wrote back
just 10 minutes later to say that he would sign on to the opinion and had no
changes, according to two people who reviewed the messages. The next morning,
Justice Clarence Thomas added his name, then Justice Amy Coney Barrett, and days
later, Justice Brett Kavanaugh. None requested a single alteration. The
responses looked like a display of conservative force and discipline.


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