Yes, CJ John Roberts was lead counsel for Alaska in the 2003 Smith v. Doe case, but he did not argue McKune. He is not the direct culprit of the “frightening and high” language. In addition to that, since he’s probably a fairly well educated individual, I suspect he is capable of following where the newer statistical data points. We should never assume that ANY justice is incapable of recognizing a solid factual basis for reconsidering a former application of law. Justices aren’t mercurial creatures, but they are pliable.