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Or the conservative supermajority could, like Sutton, rehash language from Dobbs about deference to democracy and hide behind “judicial restraint” to greenlight these bans.

In other cases, the court abandoned the norm of judicial restraint, reaching out to decide issues that were neither presented nor briefed by the parties.

And originalism, marketed in the 1980s and ’90s as, at bottom, a theory of judicial restraint, has now become an uncontrollable and unpredictable Tasmanian devil that has gobbled up decades of precedent, the regulatory state we had built to ensure that we have clean air and drinkable water, and the line between church and state.

Speaking for the court, Sutton argued for judicial restraint.

By blocking off these pathways, the liberals wrote, the majority “foreclose future efforts to disqualify a presidential candidate under that provision. In a sensitive case crying out for judicial restraint, it abandons that course.”