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Thursday, March 04, 2004

Roe Almost Overturned in Casey Decision

According to the unsealed records of the late Justice Harry Blackmun, Justice Anthony Kennedy, who is Catholic by the way, literally changed his mind at the last minute.

The case was argued in April and Rehnquist was at work on his majority ruling, when Kennedy sent a note to Blackmun, NPR reported.

"I need to see you as soon as you have a few moments," the note read. "I want to tell you about a new development in Planned Parenthood v. Casey. It should come as welcome news."

Blackmun picked up a pink memo pad and scribbled, "Roe Sound," The New York Times reported Thursday.

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