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What was he thinking? This is the question many are asking on both sides of the political spectrum.
Chief Justice John Roberts repeatedly voted with the Supreme Court's conservatives this term, except in one, and only one, 5-to-4 decision. Written by Roberts, the ruling blocked by the addition of a citizenship question on the 2020 census, leaving an attack President Trump desperately trying to find a way around it
It also left a lot of speculation about the motives of the chief justice.
For some conservatives, Roberts' vote in the census case was another original, much like his vote in 2012 to keep key provisions of Obamacare. The chairman of the American Conservative Union has even called for Roberts' impeachment.
"I'm for impeaching the Chief Justice for tweet ACU Chairman Matt Schlapp. "He's responsible for Robertscare and now he is angry for fixed numbers of illegal residents to help Dems hold Congress." ]IN m for impeaching the Chief Justice of lying to all of us about his support of the Constitution. He is responsible for Robertscare and now he is angry for numbers of illegal residents to help Dems hold Congress. Enough Deception from GOP Judges on the Constitution
– Matt Schlapp (@mschlapp) June 27, 2019
Curt Levey, president of the Conservative Committee for Justice, doesn't go that far, but he said The census decision means that "having a conservative majority on the court is rather than a reality."
Yet, Levey concedes that Roberts has been a reliable conservative vote on the court. Indeed, Roberts racked up an 80% rate agreement with the court's other conservatives in all opinions, the same percentage as the court's most conservative justice, Clarence Thomas.
As for Liberal, and Moderate Advocates and Activists, While relieved that the census looked – for now – immune to political machinations, they were infuriated by another, and perhaps even more important, Roberts opinion.
Traitor or agenda-driven conservative?
Writing for himself and the court's four other conservatives, the chief justice slammed the door to court challenges to extreme partisans. The decision will allow many state legislatures unfettered discretion to draw congressional and state legislative district lines so as to entrench their own political power.
Because of governmentans now control state legislatures in 30 states, versus 18 controlled by Democrats, the decision is a bean to GOP power. (There are 22 states completely controlled by Republicans, and 14 where Democrats have total control).
It is not just liberals who have pushed for some court supervision of extreme partisan wrestling in an era of computer-driven hyper-partisanship.
"There's no doubt there's an agenda here," said Harvard Law professor Charles Fried, who served for four years in the Reagan administration as Solicitor General, the government's chief lawyer in the Supreme Court.
He and other Republican forms Officeholders filed a letter on behalf of those challenging extreme partisans. Alloding to Roberts' famous confirmation hearing comment that the job of a judge is not to one side but to "call balls and strikes," Fried observes caustically, "This is not balls and strikes. This is a long term, shrewdly played , but persistent program. "
The agenda "is to get the law, whether it's the courts, or the constitution, or the legislators" out of regulation "anything to do with elections." in this regard. He wrote the court's 5-to-4 decision striking down the Voting Rights Act, a law passed and repeatedly by large and bipartisan congressional majorities. He wrote or participated in a series of decisions striking down longstanding, as well as newer, limits on campaign contributions, also enacted by Congress, and aimed at limiting the role of big money in politics.
And when the court, by a 5-to-4 vote, upheld independent redistricting commissions established by voter referendums, Roberts wrote the dissent. The decisive fifth vote in that case was Justice Anthony Kennedy, now retired, and Fried's that the 2015 decision is now in peril, even though Roberts, in the rerouting decision, pointed to the commissions as "one way" to take redistricting out of the hands incumbents
While they are frightened by Roberts 'deviousness, Roberts' conservative critics are not the least bit appeased. They view him as something of a traitor, mainly for the Obamacare and census decisions
Levey, of the Committee for Justice, sees Roberts as a man more concerned with his image than the law.
"He often does appear like he's very focused on his legacy and on being popular rather than doing what a judge should do," Levey said, adding that "all the pressure from the mainstream media and the establishment is to move left. "
Motivated by a" Solomonic dogma "?
Others, like Josh Blackman, a constitutional law professor at Southwest College of Law Houston, have a different view . Though Roberts has been dubbed "the new swing justice," in the wake of Kennedy's retirement last year, Blackman thinks that is a misnomer.
He sees Kennedy and retired Justice Sandra Day O'Connor, as "actually somewhere in the middle , "whereas" Roberts is a solid conservative, but for whatever reason, in certain high-profile cases, he takes these very bizarre paths that no one else in the court goes along with. "
It is true that nobody on the
"I think Roberts is motivated by some sort of Solomonic dogma, that in any given case of high note, "Blackman said," that the correct decision is one where he splits the proverbial baby. "
Of course, chief justices, Republican and Democrat, liberal and conservative alike, have uniformly believed that they have a particular duty to maintain n public confidence in the court as an institution.
For instance, in 2000, then-Chief Justice William Rehnquist, said opinion upholding a decision he had long reviled [19459040
And, in the 1930s Chief Justice Charles Evans Hughes worked hard behind the scenes, on and off the court, to prevent President Franklin Roosevelt's court packing plan from becoming law. Some historians believe that he was equally instrumental in persuading one justice to moderate his views to defuse the threat. Amash Leaves The GOP “/>