Assume that three “liberal” justices, having seen the leaked Justice Samuel Alito draft opinion in Dobbs, are furiously drafting dissents. They see that the Roe and Casey decisions enshrining a constitutional right to abortion are going to be overruled. And then Chief Justice Roberts approaches them with this possibility: “I see a way for you to join with me and Justice Kavanaugh, and maybe Barrett, to preserve a constitutional liberty interest protecting abortion in many circumstances.” Would the liberals join in such a compromise?
Here, in simplistic outline, is one way that could work.
