The hardline approach Supreme Court Justice Samuel Alito takes usually gets him what he wants.
This year it backfired.
Behind the scenes, the conservative justice sought to put a thumb on the scale for states trying to restrict how social media companies filter content. His tactics could have led to a major change in how platforms operate.
CNN has learned, however, that Alito went too far for two justices โ Amy Coney Barrett and Ketanji Brown Jackson โ who abandoned the precarious 5-4 majority and left Alito on the losing side.
As a result, the final 6-3 ruling led by Justice Elena Kagan backed the First Amendment rights of social media companies
It is rare that a justice tapped to write the majority opinion loses it in ensuing weeks, but sources tell CNN that it happened twice this year to Alito. He also lost the majority as he was writing the decision in the case of a Texas councilwoman who said she was arrested in retaliation for criticizing the city manager.
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