Many pundits are saying the the Roberts " defection " was done in reaction to the over abundance of publicity given to Justice Kennedy prior to the vote, as he was considered the “swing” voter and the " moderate" voice of conservatism on the court. Roberts wanted it known whose “court” it really was. Everyone knows what wing-nuts Scalia and Thomas are, so Roberts can use them as straw men for his opinions without being tarred with the same brush. Alito goes along with the herd but Kennedy is the X- factor and the darling of the press. In short, ego overcame dogma.