I’m putting Roberts safely with the liberals here. Yes, he joined Thomas and Alito in dissent in Obergefell. But he has made it his career’s work to drag the Court toward moderation and to avoid dramatic, ideologically charged, politically divisive decisions. (His success in that endeavor is debatable, but it’s clearly his motivating force.)
I believe that may have been true at one point, but things have changed. The court is going to make dramatically, ideologically-charged, politically-divisive decisions with or without him. There's simply no reason for him to ignore his own ideological predispositions; it won't save his reputation.
I think he'd rather avoid taking this case at all, but I suspect cert will be granted. TFA disagrees, and I'm not certain. But if cert is granted I think he'll rule on what he believes to be the correct grounds to rescind Obergefell.
jfengel•5mo ago
I believe that may have been true at one point, but things have changed. The court is going to make dramatically, ideologically-charged, politically-divisive decisions with or without him. There's simply no reason for him to ignore his own ideological predispositions; it won't save his reputation.
I think he'd rather avoid taking this case at all, but I suspect cert will be granted. TFA disagrees, and I'm not certain. But if cert is granted I think he'll rule on what he believes to be the correct grounds to rescind Obergefell.