JEFF ROSEN PRAISES JOHN ROBERTS’ “DEFERENCE TO THE INTENT OF CONGRESS AS “THE UMPIRE IN CHIEF,”: saying he
embraced a bipartisan vision of judicial restraint based on the idea that the Supreme Court should generally defer to the choices of Congress and state legislatures. His insistence that the court should hesitate to second-guess the political branches regardless of whether liberals or conservatives win is based on his conception of the limited institutional role of the court in relation to the president, Congress and the states.
I have little doubt that this is how the Chief Justice thinks of what he did. And why he relied so heavily on deference in his dissent inĀ Obergefell.