(CNN) — As Chief Justice John Roberts set the tone for what appears to be a Supreme Court majority to uphold state bans on gender-affirming care, his remarks Wednesday recalled his attitude nearly 10 years ago when the court declared a constitutional right to same-sex marriage.
“Just who do we think we are?” Roberts said in the memorable 2015 dissent, when he similarly argued against judges intervening to protect individual rights.
This time, however, Roberts is likely to seize the majority. Colleagues echoed his sentiment over the gripping two-and-a-half hours of oral argument Wednesday, and he stands poised to control the outcome of this historic test of transgender rights.
While the cases differ significantly – beginning with this new one’s focus on children – the 2015 same-sex marriage dispute (Obergefell v. Hodges) and current transgender rights controversy (US v. Skrmetti) involved challengers arguing that the usual legislative process has failed them, and the …