Dahlia Lithwick and Barry Friedman seem genuinely disturbed by the way the Roberts court is able to hide its right-wing partisanship while behaving as a right-wing partisan entity:
So they worked at the illusion of escape: Overrule the old precedent anyway, but claim to be leaving it intact. Where “restoration” involves pretending to put the law back where it originally was, “escape” means running away from existing precedents while denying you are doing so.
Perhaps the best example of The Escape came in a 2007 campaign-finance case. Americans have heard a lot about campaign-finance law this past year, as a result of the court’s dramatic decision last January in Citizens United. That decision overruled prior precedents allowing Congress to restrict corporate money in elections and earned a national shout of disapproval. But what you probably don’t know is that the court had already accomplished virtually the same feat, by the same 5-4 margin, in the 2007 case Federal Election Commission v. Wisconsin Right to Life. Unlike the Citizens United case this year, however, in which the justices announced the change out loud, in Wisconsin Roberts claimed to be following precedent when he was shredding it.
The whole article is worth a read.