I have been thinking that perhaps Chief Justice John Roberts is planning ahead on an overturning of the Roe v. Wade decision which does look like legislating from the bench. The right to abortion does seem to be something he and his wife are very much concerned with weakening it and putting it back in the care of each State.

Had been wondering if Justice Kennedy was also thinking along these lines too. Putting a little usual Scalia landmine in a previous decision which he can use to argue if another decision needs a little derailing. I saw a 60 Minutes or some kind of news program that discussed how Justice Scalia liked to plant these kind of asides in his decisions and then refer back to them.