I've often said that my favorite Chief Justice Roberts opinions are his dissents. Why? I know he actually believes what he is writing. His majority opinions are always so guarded, as he is trying to keep the Court together and maintain the "institutionalist" credo. But the dissents are authentic. This was especially true in Roberts's solo dissent in Uzuegbunam. The same rule applies to Roberts's internal communications that are not meant for public consumption. Unfortunately, we only find out about these internal communiques through leaks. Most recently, I was impressed when Roberts told Judge Boasberg to chill out. (Query whether that interaction might require the Chief's recusal in the appeal of JEB's contempt crusade.)
The latest New York Times reporting fits the mold as well. Here, we get insights into how Roberts views emergency docket relief.
First, Roberts addresses one factor of the balancing test: will four Justices grant cert?
