Chuck Darwin<p>Squeezed around a long table, <br>A.D.F. lawyers lined up on one side <br>and the Mississippi team on the other. </p><p>This private meeting, <br>one kept secret from the press, <br>top politicians and even other allies in the anti-abortion coalition, <br>would signify a pivotal turning point in the strategy of their movement. </p><p>This account of the meeting is based on interviews with multiple participants and people familiar with the discussion.</p><p>The A.D.F. lawyers outlined their thinking. </p><p>Priority No. 1, they argued, was to get the Supreme Court to <br>remove the viability line established in Roe as the limit for when states could ban abortion. </p><p>Removing that limit <br>— about 24 weeks <br>— would open the door to all kinds of restrictions being upheld by lower courts. </p><p>It would be a huge victory for their cause. </p><p>It was a backdoor way of gutting Roe, <br>invalidating the central principle of the original decision, <br>without requiring the justices to take the thornier step of overturning 50 years of precedent.</p><p>Stewart disagreed. </p><p>The lawmakers of Mississippi had enacted a law, <br>and that law was fundamentally incompatible with Roe, he argued. </p><p>“The people of Mississippi are pro-life,” he told the room, <br>according to Erin Hawley. </p><p>“They enacted this law. It is my duty to defend it to the best of my ability, and the right thing to do is to ask the court to overrule Roe.” </p><p>The only effective strategy, Stewart said, <br>according to participants, <br>was to target the very heart of it all: <br>the right to abortion that the court had found via <br>💥a right to privacy 💥<br>that it decided was protected by the due-process clause of the 14th Amendment of the Constitution in 1973. </p><p>The best argument was that Roe was wrong, he decided.</p><p>Some of the A.D.F. lawyers bristled. </p><p>Stewart’s plan felt risky and aggressive. </p><p>If the court wanted to use this case to overturn Roe, it could, <br>the A.D.F. team argued. </p><p>But to ask for that explicitly could be pushing too far too fast, <br>even for this new court. </p><p>A defeat would be devastating, <br>potentially even going so far as to reaffirm abortion rights in some way <br>and create another precedent to fight.</p><p>There was a lot to consider. </p><p>It wasn’t totally clear that they had five votes to fully overturn Roe right now. </p><p>Certainly, it was the best court they had faced in a long time. </p><p>But the 6-3 conservative majority was still new, <br>and the country was still reeling from the contentious Supreme Court battles of the Trump era. </p><p>And looming over the conversation was the reality that <br>Stewart had never argued a case at the Supreme Court. </p><p>By this point, A.D.F. lawyers had argued and won 12 Supreme Court cases. </p><p>The A.D.F. lawyers’ message was clear: <br>The safest path to victory was their plan. </p><p>They should simply ask the court to uphold their 15-week law.</p><p>Fitch’s team was grateful for A.D.F.’s help. <br>But to them, this had the feel of a power grab <br>— a bunch of Washington lawyers coming down to Jackson to take over once there was a chance to make history. </p><p>This was Fitch’s case. </p><p>She had chosen Stewart, and Stewart was determined. </p><p>Mississippi would forge its own path.</p><p>“Like everything else, you get four attorneys in a room, you’re going to get 10 opinions,” <br>Kevin Theriot, an A.D.F. lawyer, said later in an interview, <br>adding that he was on the phone for part of the meeting. </p><p>“It’s not that our original strategy went out the window. <br>It was just that instead of making <br>‘You should overturn Roe’ the second argument, <br>they made it the first argument.”</p><p>(11/n)</p><p> <a href="https://c.im/tags/Waggoner" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#<span>Waggoner</span></a> <a href="https://c.im/tags/Hawley" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#<span>Hawley</span></a> <a href="https://c.im/tags/Barrett" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#<span>Barrett</span></a> <a href="https://c.im/tags/Stewart" class="mention hashtag" rel="nofollow noopener noreferrer" target="_blank">#<span>Stewart</span></a> <a 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