Justice Breyer in his dissent:
Hmm. Lets apply this to the judiicial branch overturning the CA voter-apprived ban on gay marriage."Given the empirical and local value-laden nature of the questions that lie at the heart of the issue, why, in a nation whose constitution foresees democratic decision-making, is it so fundamental a matter as to require taking that power from the people?" Breyer wrote. "What is it here that the people did not know? What is it that a judge knows better?"