Kagan in a scorching dissent argued that the court itself overstepped its bounds and by doing so is barreling to a future where it is the „maker of national policy“ by failing to defer to President Joe Biden and Congress to set the national agenda.

„That is no proper role for a court,“ Kagan wrote. „And it is a danger to a democratic order.“ (…)

The chief justice agreed with Kagan that the case is about a branch of government overstepping its authority, but Roberts remained steadfast in his view that it was the executive branch.