Whether for good or for ill, three court decisions in the past two days make clear that Chief Justice John Roberts’s “Let’s Make a Deal” regime continues to predominate in American jurisprudence.
Don’t be fooled by the headlined “results” in a challenge to the Affordable Care Act or religious liberty cases about a cake maker and a foster care service. Concentrate on this: The parts of the legal community left in the cold here are the conservatives wishing, with Justice Samuel Alito, for more definitive constitutional decisions rather than narrow procedural or technical rulings. From a legal standpoint, very little in the Roberts regime ever seems final; instead, the courts invite seemingly endless rounds of judicial hair-splitting.
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