Tribe’s pulling strings backstage.”Įven so, Alito’s draft is consequential. Casey but later switched his vote to affirm Roe, “a flip attributed in court circles to liberal constitutional scholar Laurence H. In 1992, The Washington Post reported that Justice Anthony Kennedy initially voted to reverse Roe v. Decisions are not final until opinions are issued, and dramatic history exists of a Supreme Court justice changing his mind on abortion during deliberations. We certainly don’t know yet if it’s a preview of the Court’s actual ruling. Jackson Women’s Health represents the current consensus of a majority of the Supreme Court. We do not know if Justice Samuel Alito’s leaked draft majority opinion in Dobbs v. Sign up for David’s newsletter, The Third Rail, here.