Rosen Questions Catholic Roberts Court

The Roberts Court is under fire for its judicial activism from frequent NPR guest, Jeffrey Rosen:

Essentially Roberts came into office telling me and other journalists that he would make it his goal as chief justice to promote consensus and avoid five-to-four decisions. He said it was bad for the court and bad for the country in a polarized time, for the court to divide along ideological lines.

From Lyle Denniston at SCOTUSblog:

Without creating any new constitutional right for gays and lesbians to get married, the First Circuit Court on Thursday ruled that Congress did not have the power to intrude on the choice of states — like Massachusetts — to create such a right under state law. The Circuit Court stressed, near the end of its opinion, that it was not relying on the challenge by gay rights advocates that DOMA had a “hidden but dominant purpose” of “hostility to homosexuality.” It conceded that some lawmakers had that in mind, but others may have had different reasons.

Having six Roman Catholics where five rule on the same side each time a Vatican-lobbied case comes before an entrenched 5-4 Court should frighten everyone.