“It has become a disturbing feature of some recent opinions to criticize the decisions with which they disagree as going beyond the proper role of the judiciary,” Roberts wrote. He said the majority came to its decision by adhering to court precedent “old and new” that “requires that Congress speak clearly before a Department Secretary can unilaterally alter large sections of the American economy.”
“We have employed the traditional tools of judicial decision-making in doing so. Reasonable minds may disagree with our analysis — in fact, at least three do,” Roberts wrote, referencing Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan, who wrote the dissenting opinion.
“We do not mistake this plainly heartfelt disagreement for disparagement,” Roberts said.
“It is important that the public not be misled either. Any such misperception would be harmful to this institution and our country,” he added.