In the past, Roberts himself has switched his vote, or persuaded others to do so, toward middle-ground, institutionalist outcomes, such as saving the Affordable Care Act. It’s a pattern that …
Roberts helped steer several of those rulings. For the court’s remaining three liberals, who held out some hope that the chief justice could moderate fellow conservatives on abortion rights, it was defeat all around.
The Mississippi case reached the high court in summer 2020 and just as it was scheduled for a late September justices’ conference, Ginsburg died on September 18. Then-President Donald Trump immediately nominated Barrett, an abortion rights critic, and the Senate confirmed her on October 26. Based on their previous statements and records, Alito and Kavanaugh, along with Justices Clarence Thomas and Neil Gorsuch, disagreed with the high court’s past abortion-rights rulings. The fifth conservative was Roberts, and in 2020 he hadRoberts, as became evident, could not be counted on to reverse Roe.
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