But I don’t want to discuss Roberts’s majority opinion as much as I do Justice Elena Kagan’s dissent. Kagan wrote something unusual. “From the first page to the last, today’s opinion departs from the demands of judicial restraint,” Kagan wrote. To say that the Supreme Court can violate the Constitution is to reject the idea that the court is somehow outside the constitutional system. For Congress, especially, to exercise its authority to discipline the court when it oversteps its bounds.

---

Persons: Elena Kagan’s, Kagan, ” Kagan, “, ”