Page:Roman Catholic Dioceses of Brooklyn v. Cuomo.pdf/22

This page has been proofread, but needs to be validated.
Cite as: 592 U. S. ____ (2020)
3

ROBERTS, C. J., dissenting

politically accountable officials of the States ‘to guard and protect.’ ” South Bay, 590 U. S., at ___ (ROBERTS, C. J., concurring) (quoting Jacobson, 197 U. S., at 38). It is not clear which part of this lone quotation today’s concurrence finds so discomfiting. The concurrence speculates that there is so much more to the sentence than meets the eye, invoking—among other interpretive tools—the new “first case cited” rule. But the actual proposition asserted should be uncontroversial, and the concurrence must reach beyond the words themselves to find the target it is looking for.