At the MSBA’s annual Supreme Court panel, Irv Gornstein mentioned that, during April arguments in Obergefell v. Hodges, Chief Justice Roberts asked whether bans on same-sex marriage might unconstitutionally discriminate on the basis of sex. Gornstein thought nothing would come of that questioning, because Roberts didn’t follow up on it. But don’t shocked if on June 29 we learn that Roberts is announcing the opinion for the Court, striking down the four states’ bans based on sex discrimination. If Roberts voted with the majority at the justices’ conference, it was his right to choose which justice would write the opinion. Perhaps his heart wouldn’t be in it, but I see three reasons Roberts might vote with the majority and assign the opinion to himself. Read More…