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Miscellaneous Observations

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May 2, 2022 11:22 p.m.

POINT: CNN is now reporting that Justice Roberts planned to dissent from Alito’s majority opinion. He was willing to affirm the 15 week Mississippi law but not overturn Roe in its entirety. That sounds fairly Roberts-like in a way, though it’s notable to me that a Chief Justice would want to be on the dissenting side of perhaps the most historic decision of his tenure when he must have at most equivocal feelings about overturning Roe. In any case, the rapidity with which Roberts’ apparent decision was reported out makes me wonder whether the breakdown in secrecy with this case doesn’t go beyond the leak of Alito’s draft majority decision. Don’t know precisely what this would mean. But keep that in mind. That’s real fast.

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