Roberts himself now sets the agenda ultimately. Sure they convene and decide, but what gets on review See:Oxford handbooks online of U.S. Agenda -Setting on the Supreme courts, falls inconveniently in his lap.
IMHO this is not mere coincidence and why the court took the position it did in MI case -to decline! The record shows the Alaskan Supreme Court rejected Doe right after SCOTUS approved, as state courts are free to do.Remember, Doe reviewed the power of states to regulate or punish via the database\website. Beware the collateralized FEDERAL ATTACK and other civil implications for government USE that also flowed from it.
If a state can enslave a man to a machine and it’s maintenance hence the more powerful FED can go how far with it’s use? More importantly can the devices actually improve conditions? So far No!