One can only speculate about Roberts’ motives for proceeding as he did. It is certainly possible that, like Chief Justice Charles Evans Hughes in the mid-1930s, he had one eye focused on jurisprudence and another on the standing of the institution he heads. This may be another “switch in time” that saved the Court from becoming embroiled in a full-fledged confrontation with the executive and legislative branches.

“What is beyond speculation is that this comes as a massive disappointment to movement conservatives who have spent decades strengthening their position in the judicial branch with the ultimate objective of halting and reversing the growing reach of the federal government. Expect recriminations and accusations alleging that, once again, a pivotal conservative has yielded to liberal elite opinion.”

-William Galston, “Conservatives’ Long March Through the Court Hits a Wall”

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