More Roberts:
Those who founded our country would not recognize the
majority’s conception of the judicial role. They after all
risked their lives and fortunes for the precious right to
govern themselves. They would never have imagined
yielding that right on a question of social policy to unaccountable
and unelected judges. And they certainly would
not have been satisfied by a system empowering judges to
override policy judgments so long as they do so after “a
quite extensive discussion.” …
But that is just wrong. The Justices are accountable. They can be impeached, Congress has that power.