My selection comes from Chief Justice Roberts questioning of Ms. Rikelman on page 68 of the transcript. They are discussing whether the "viability" line is a principled line from Roe and Casey or whether it was an arbitrary line--judicial legislation--drawn by the Court as a kind of legislative compromise. Justice Blackmun's Supreme Court papers contain statements that suggest it was the latter.
Chief Justice Roberts suggests that this "is a good reason not to have papers [of Justices] out" and available to scholars and the public.
What do you think Justice Roberts meant by this? Do you agree with his point? What would the People think if they learned how SCOTUS makes constitutional sausage? Should the Court be accountable for how it creates new constitutional doctrine?
