YOU KNOW, LIKE IT DID WITH OBAMACARE, WHICH WAS ALL STATESMANLIKE AND EVERYTHING: Damon Root: Should the Supreme Court Defer to Congress and Uphold the Defense of Marriage Act?
Remember that Roberts framed his vote upholding the Patient Protection and Affordable Care Act as an exercise of judicial restraint, writing in his opinion, “It is not our job to protect the people from the consequences of their political choices.” I don’t see why Roberts wouldn’t rely on that same principle and vote to uphold the Defense of Marriage Act. Both Obamacare and DOMA are duly-enacted federal laws, after all.
If you cheered the chief’s ruling on health care, don’t be shocked when he grants the same deferential treatment to a federal law you don’t like.
I won’t be shocked. But I’m not promising that I won’t snicker a bit at the responses.