The Roberts Court is dying. Chief Justice John Roberts is still the chief justice, but he’s no longer in control of the court’s jurisprudence and destiny.
And that’s a good thing for conservatives. A new 5 member conservative majority, comprised of Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett is in charge, and their philosophy is starting to dominate the court’s rulings.
Even the left is noticing.
Politico, a left-leaning source, acknowleged the change by saying:
“The obituaries are already being written. Steamrolled by five other conservatives, Chief Justice John Roberts was unable to shape the Supreme Court’s decision to let Texas flagrantly ignore the court’s abortion precedent. This is the end of the Roberts Court, we’re told, as the Chief Justice’s cautious approach to judging gives way to a more robustly conservative activism.”
“…Signs of Roberts’ waning influence abound. In the Supreme Court term that ended last July, the (more conservative) Justice Brett Kavanaugh was in the majority in 97 percent of all cases, and 95 percent of divided cases; the chief managed only 91 percent and 84 percent respectively. Kavanaugh also cast the decisive vote in the denial of a nationwide injunction against the Center for Disease Control’s eviction moratorium in July. Robert’s vote to let stand California’s and New York’s Covid regulations as applied to churches were in dissents. He was again outvoted by his five more conservative peers, including Kavanaugh.”
“But we also shouldn’t overstate the distance between the chief justice’s preferred outcomes and those of his conservative colleagues. Roberts has already made clear his strong antipathy to abortion rights. In a pivotal 2020 case, he voted to invalidate a Louisiana law imposing punishing burdens on abortion providers, but at the same time, made it abundantly clear that state legislatures had “wide discretion” to regulate abortion without second-guessing by the federal courts. His language was widely seen as an invite to gut Roe v. Wade indirectly, and the court will have that chance when it begins considering a Mississippi abortion ban in the fall.”
Roberts, a Bush appointee, is exactly the kind of cowardly conservative that we don’t need in times like these. The end of his court means the end of judicial abdication and the beginning of a return to the original meaning of the consitution.