Won’t disagree...kinda.
Roberts “joined” because his vote wasn’t determinative.
Do you think he would have been the 5th vote to overturn if there were 4 pro / 4 con? Don’t think he has that kind of moral courage.
Very easy to grandstand and try and “split the baby” (that reference seems oddly appropriate given the topic).
I give Roberts no credit for this decision.
Nwrep said here:
https://freerepublic.com/focus/f-news/4073570/posts?page=133#133
That Roberts didn’t write a dissent.
So 6-3 (maybe 5-1/2 to 3-1/2; says a lot about Roberts... is he trying to straddle the fence?)