If true I think this indicates Roberts voted with the minority, or else he would have assigned himself the opinion.
“If true I think this indicates Roberts voted with the minority, or else he would have assigned himself the opinion.”
He may have, or he may have delegated the “hot potato” to another justice. Or he may have a concurring opinion but not completely agree with the majority (less likely before the draft has actually circulated). We won’t know until the opinion is posted.