The Secret Deal Between Justice John Roberts and Anthony Kennedy on Gay Rights

John Avlon: Roberts and Kennedy were these sort of old school conservative justices, ones who went to the court not with the goal of reshaping it. The chief is he obviously is to the right of Anthony Kennedy, but he also is a bit of a incrementalist who didn't want things to be pushed too far," Avlon says. Chief was willing to offer his sixth vote to summarily reverse this ruling to women who wanted both names on their baby's birth certificate - without any record of it. He wanted Kennedy to agree and to be inclined toward a Colorado baker whose case now you're very familiar with in late 2016, early 2017 had just arrived at the court.