Chief Justice Roberts does not sound happy with Texas Solicitor General Judd Stone, who resisted his (very good) hypothetical, leading Roberts to snipe: "My question is what we call a 'hypothetical.'" But remember that Roberts voted to block SB 8 from the start.
Here’s Chief Justice Roberts sounding uncharacteristically irritated by the Texas solicitor general’s defense of S.B. 8.
Incredible question from Justice Kagan that gets to the heart of the matter: “Some geniuses came up with a way to evade … the principle that states are not to nullify federal constitutional rights?”
Here’s Justice Kavanaugh asking whether states could nullify the Second Amendment by enacting an S.B. 8–style law that lets strangers sue anyone who buys or sells a gun. He sounds … very skeptical that states can insulate laws from federal review this way.
Justice Kagan, sounding punchy and exasperated, on the consequence of shielding S.B. 8 from federal lawsuits: “We would be inviting states to try to nullify the law that this court has laid down … That was something that, until this law came along, no state dreamed of doing.”
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