They’ll point to the US Constitution’s remedy for this: the state legislatures. Will the state legislatures act on it?
Good point. CJ Roberts has no doubt been planning his punt play call for weeks. After what he did to Obamacare it would no doubt be a doozy.
Roberts is a political hack who fancies himself the modern day manifestation of John Marshall. I am sure he has no problem making absurd and conflicting arguments in a single opinion for something that is important now but won't be studied extensively by historians in 100 years (Obamacare). An opinion on how elections are conducted is a different beast. He wont want to go obviously political in such a signature opinion but he also won't want to follow the law because the law leads to an outcome he doesn't want. So he will be working HARD to convince one other justice to hoin him and the lefties in just pretending this all never came up and punting.
But great Rush lyricist Neil Peart said, 'if you choose not to decide you still have made a choice'. And in this case that choice will have consequences.