Saturday, June 25, 2022
How Barack Obama's Lunch with Ruth Bader Ginsburg Led to Roe v. Wade Getting Overturned | National Review
Today’s decision was 6–3, but in his concurrence, Chief Justice John Roberts seemed significantly less enthusiastic about overturning Roe. It is more than fair to wonder if Roberts would have concurred with Thomas, Alito, and the rest if he was the deciding vote, and the other justices split four to four. In that scenario, it is likely Roberts would have attempted to find some narrowly tailored middle path.
In other words, Roe v. Wade probably wouldn’t have been overturned if Obama’s lunch with Ginsburg had convinced her to retire.
One wonders why RBG decided not to retire.