That’s not how it works. It doesn’t matter whether Roberts votes with the majority or not. The only thing that matters is whether 5 Justices join the holding of any particular opinion.
“That’s not how it works. It doesn’t matter whether Roberts votes with the majority or not. The only thing that matters is whether 5 Justices join the holding of any particular opinion.”
Correct me if I’m wrong. If the Chief is in the majority, he gets to decide who writes the majority decision. The other five justices could write a separate concurring opinion.