Supreme Court's majority vote to overturn Roe remains intact: Report

Name: Media question nominees’ testimony
Uploaded: 2022-05-08T12:05:43-04:00
Duration: 5 min 37 s
Description: Do SCOTUS appointees hide their views?

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Media question nominees’ testimony

Do SCOTUS appointees hide their views?

The five-vote majority needed in the Supreme Court to overturn Roe v. Wade and Planned Parenthood v. Casey remains intact months after Supreme Court Justice Samuel Alito's leaked draft majority opinion was written, according to a report.

The leaked draft majority opinion penned by Alito is dated Feb. 10 and has almost certainly changed multiple times in the almost three months since it was written, but three conservative sources close to the court say that the votes supporting the decision remain unchanged, according to reporting from the Washington Post.

FILE - In this April 23, 2021, file photo members of the Supreme Court pose for a group photo at the Supreme Court in Washington. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. Before the Supreme Court this is week is an argument over whether public schools can discipline students over something they say off-campus. (Erin Schaff/The New York Times via AP, Pool, File)

Members of the Supreme Court pose for a group photo. (AP)

SUPREME COURT SET TO OVERTURN ROE V. WADE, LEAKED DRAFT OPINION SHOWS: REPORT

The justices set to join Alito's opinion include Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

Chief Justice John Roberts, who has at times sided with the liberal wing of the court, still appears set to oppose the decision, with the report noting that Roberts was still attempting to persuade Coney Barrett and Kavanaugh to take a more incremental approach to allowing abortion restrictions.

Supreme Court Chief Justice John Roberts is seen prior to President Biden giving his State of the Union address during a joint session of Congress at the U.S. Capitol on March 1, 2022 in Washington. (Photo by Julia Nikhinson-Pool/Getty Images)

Chief Justice John Roberts. (Julia Nikhinson-Pool/Getty Images)

The decision is expected to be firmly opposed by the court's three liberal justices.

The leaking of the draft opinion stunned many observers of the court, who noted that the draft does not reflect the final decision of the justices and their votes could change between when the draft was written and when the decision is officially announced.

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A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022, in Washington following reports of a leaked draft opinion by the court overturning Roe v. Wade. (AP Photo/Anna Johnson)

Roberts said as much while confirming the authenticity of the draft, opening an investigation into the leak and stressing that the justices have not yet completed deliberations.

"To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed," Roberts said in a statement last week. "The work of the Court will not be affected in any way."