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"Likely unlawful?" Isn't it literally your job to have the final say on whether it's unlawful? If you found it unlawful, then say so!
That's him saying so as part of the Dissenting minority. He was outvoted by the rest of Trump's sycophants.
I know. The point is he should have said it is unlawful, not "likely unlawful". Or if he's so afraid of hurting their feelings, he could say "I find it to be unlawful".
They didn't hear the merits of the case, and as a Supreme Court justice he shouldn't make a determination before the hearing.
And it doesn't matter here. What he said was appropriate and enough.
It is his job to have the final say, after the lower appeals courts have had their final say. That hasn't happened yet. This case is still being litigated in the district court.
That's why Roberts said "likely unlawful." Because the only question under consideration right now is which way to go until the lawsuit ends. The standard for that is "likely (un)lawful" because you can't decide if it's lawful until you decide if it's lawful. (If that makes any sense).
He did. He’s also acknowledging how little it matters by adding “likely”. That does seem to be the people’s stance: “yeah, that’s probably illegal ¯_(ツ)_/¯”
He is the Chief Justice of the Supreme Court. His job is to determine if something is lawful or not, that's the whole point of his job.
Not. Yet.
It's a process.
And yes, we're all aware of what the five are doing. That doesn't change his comment here.