Jodi Kantor

So the whole thing, as predicted, comes down to Justice Anthony Kennedy, the swing vote.

And on February 9th, the fifth day of the debate, he sends a very short note.

It doesn't say much at all.

It's three sentences.

He says he's voting with the chief, and that's it.

It's over.

The Supreme Court rules five to four, and within hours, the Supreme Court issues its order and

In contrast to all this private debate that we've just told you about, it's just one paragraph.

It's legal boilerplate.

There is no explanation.

All the court says is that they are blocking President Obama's signature environmental initiative.

And to continue Adam's thought, they're not only deciding a very important case.

What they're deciding on is a whole new way of doing business.

They are disregarding time-tested procedures that have...

kept courts upright for a very long time, and they don't seem to be considering the implications.

It's true that Justice Kagan calls what the court is doing unprecedented, but nobody goes further and asks the question, well, if we do this, where is it going to lead?

Deliberation also produces trust in the court, and that's the second part.

Correct.

The elected branches get legitimacy because of elections, right?

We choose our leaders, but we don't choose our Supreme Court justices, and they stay in power for a very long time.