The three Democratic-appointed justices - Stephen Breyer, Sonia Sotomayor and Elena Kagan - are working on one or more dissents, according to the person. A person familiar with the court’s deliberations said that four of the other Republican-appointed justices - Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett - had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.