Marbury v Madison was pulled out of the air from the Constitution to define the Judicial branch's power.
So, what is the use of the Supreme Court these days? Certainly Roberts is no Marshall, instead he seems a throwback the original ineffectiveness of the Court.
Just as the Court was extremely courageous in deciding
Korematsu only once the war was over, the Supremes appear to wish to sit this one out.
I'd love to hear O'Conners', Thomas', and Scalia's opinions of this milque toast decision.