In his confirmation hearing, Chief Justice John Roberts famously analogized his role to that of an umpire, “to call balls and strikes, and not to pitch or bat.” Dean Ronald Cass argues in a new paper that in three notable decisions of the U.S. Supreme Court— Kisor v. Wilkie, Department of Commerce v. New York, and Department of Homeland Security v. Regents of University of California—Roberts also…
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