But at the end of the day, he asked, should a judge “take into consideration the massive social upheaval that would be entailed in such a decision, and the possibility that — that Congress didn’t think about it.”Cole replied: “It’s not asking you to address a policy question that would be more appropriate to Congress but asking you to interpret the statute as it is written.
In Monday’s ruling, Gorsuch joined the court’s four liberals — Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan — as well as Roberts, who had not shown his hand at oral argument and had been in dissent five years ago when the court held that the Constitution protected a right for same-sex couples to marry., Roberts suggested the outcome might be different in a case of statutory interpretation.
Immediate reactions to major Supreme Court decisions are often outsized, then revised when the next set of opinions lands.
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