Here is Chief Justice John Roberts in today’s dissent from the Supreme Court’s 5–4 decision creating a constitutional right to same-sex marriage:
But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment.”
Here is Justice Roberts yesterday, in King v. Burwell, helping save Obamacare from the plain language of the statute:
Here, the statutory scheme compels us to reject petitioners’ interpretation because it would destabilize the individual insurance market in any State with a Federal Exchange, and likely create the very “death spirals” that Congress designed the Act to avoid.
The Court is not a legislature, except when it has to save Obamacare (again). Though I applaud today’s dissent, I find the jurisprudence confusing.