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re: Justice Roberts is an Embarrassment

Posted on 5/8/22 at 5:56 pm to
Posted by Quidam65
Q Continuum
Member since Jun 2010
19311 posts
Posted on 5/8/22 at 5:56 pm to
quote:

He could simply join the majority, assign himself the opinion, and narrowly rewrite it to allow the 15 week cutoff.


But if Justices Alito, Kavanaugh, Gorsuch, Thomas and Barrett don't agree to limit their holding to just the 15-week cutoff, how can he write the majority opinion? Wouldn't they have to agree as well?
Posted by 14&Counting
Eugene, OR
Member since Jul 2012
37701 posts
Posted on 5/8/22 at 5:59 pm to
quote:

But if Justices Alito, Kavanaugh, Gorsuch, Thomas and Barrett don't agree to limit their holding to just the 15-week cutoff, how can he write the majority opinion? Wouldn't they have to agree as well?


They are not deciding that....they deciding if Mississippi can decide that
Posted by teke184
Zachary, LA
Member since Jan 2007
96435 posts
Posted on 5/8/22 at 6:00 pm to
He could write a concurring opinion if he can’t get the votes. I don’t see him getting them either if Alito is writing the opinion and CT is likely to vote with Alito. He would need Gorsuch, Kavanaugh, and ACB to vote with him to assure a majority opinion.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
71377 posts
Posted on 5/8/22 at 6:01 pm to
They could write a concurrence.

But at a minimum Roberts could limit the reach on this case.
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