One thing I've learned this Supreme Court term: Be really, really careful about presuming how Roberts will vote based on his questions at argument. In the two LGBT cases, every one of his questions went to the workers' lawyers. But he voted with them in the end. 1/4
Likewise with DACA. I was one of many Scotus reporters who produced an argument story saying the court seemed inclined to let Trump cancel it, based in part what Roberts said and asked at argument. We were wrong. 2/4
Roberts isn't Kennedy, who always seemed to express his deepest concerns during argument. On occasion, Roberts does that (e.g., his fear that gerrymandering cases would pull the court into partisan politics). But those are the exceptions. 3/4
We know from reporting by @JoanBiskupic, @JanCBS and others that Roberts sometimes changes his mind post-argument. Not clear that happened here, though the Oct opinion assignments raise questions about the LGBT case. In any event, caution warranted with Roberts going forward. 4/4

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More from @GregStohr

13 Jan
Texas Solicitor General Kyle Hawkins has resigned, per @AP. Hawkins' name was conspicuously absent last month when Texas AG Paxton asked Supreme Court to overturn election results in four other states.…
Since then, Paxton has spoken at the Trump rally that preceded the raid on the Capitol, and he was one of 3 state AGs who didn't sign a letter condemning the Capitol riot. Paxton also has multiple criminal allegations hanging over his head.
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4 Nov 20
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19 Sep 20
Statements about Justice Ginsburg from her colleagues. First Roberts:
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17 Sep 20
Not a bad time to re-listen to Al Gore's concession speech the day after the 2000 Bush v. Gore ruling. The Supreme Court had arguably left tiny lane for Gore to try to fight on, but he saw the writing on the wall and opted to exit graciously.…
"Now the U.S. Supreme Court has spoken. ...While I strongly disagree with the court's decision, I accept it. I accept the finality of this outcome. ... And tonight for the sake of our unity as a people and the strength of our democracy, I offer my concession."
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29 Jun 20
BREAKING: Supreme Court puts Trump administration on track to resume federal executions as soon as July 13, rejecting an appeal and stay application by inmates who challenged the lethal injection protocol the government plans to use.
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7 Apr 20
BREAKING: 5th Circuit says Texas can enforce its near-total ban on abortion during coronavirus outbreak.
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already consume our daily lives, the majority’s opinion inflicts further panic and fear on women in Texas by depriving them, without justification, of their constitutional rights ... "
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