Author Topic: Has Roberts lost "control" of the Supreme Court?  (Read 531 times)

Hawkmoon

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Has Roberts lost "control" of the Supreme Court?
« on: June 26, 2022, 12:25:29 PM »
I guess Politico can't help being political, but this article seems to me to be a bit over the top:

https://www.politico.com/news/2022/06/25/chief-john-roberts-court-00039237

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Some experts believe the differences the court’s Republican appointees have with Roberts will soon be papered over as the conservative majority focuses on pressing its agenda in other areas like affirmative action and reining in the power of the regulatory state, issues where Roberts tends to be more aligned with his conservative colleagues.

Really? "Pressing its agenda"? Regardless of which side you're on in the abortion debate, the fact is that Roe v. Wade was a bad decision. It created a "right" that the Constitution did not recognize or contemplate, and ran roughshod over the bedrock constitutional principle that the rights not granted to the federal government are reserved to the states or to the people. But, according to Politico reaffirming the Constitution is now "pressing [an] agenda.

IMHO, Roberts lost control of the court because Roberts forgot that he was nominated as Chief Justice because he was supposed to be a conservative. Of all members of the Supreme Court, the chief justice should be the one who holds out the most to adhere to the Constitution, irrespective of what the media and various outside factions want to see the law twisted into.
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Angel Eyes

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Re: Has Roberts lost "control" of the Supreme Court?
« Reply #1 on: June 26, 2022, 02:24:11 PM »
Didn't Roberts side with the majority in both the recent concealed-carry and abortion rulings?
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Perd Hapley

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Re: Has Roberts lost "control" of the Supreme Court?
« Reply #2 on: June 26, 2022, 02:35:55 PM »
Didn't Roberts side with the majority in both the recent concealed-carry and abortion rulings?

Mostly. He voted with the majority in Dobbs, but didn't fully go along with the idea that Roe should be overturned.

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Holding: The Constitution does not confer a right to abortion; Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey are overruled; the authority to regulate abortion is returned to the people and their elected representatives.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Alito on June 24, 2022. Justices Thomas and Kavanaugh filed concurring opinions. Chief Justice Roberts filed an opinion concurring in the judgment.

If I understand right, Roberts voted with the majority in upholding the Mississippi anti-abortion law, but wrote a concurring opinion that it shouldn't mean Roe was overturned.

https://www.scotusblog.com/case-files/cases/dobbs-v-jackson-womens-health-organization/

https://www.wsj.com/articles/abortion-john-roberts-concurring-opinion-dobbs-jackson-women-health-decision-roe-casey-viability-standard-supreme-court-11656257403?mod=editors_picks_opn_2

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MechAg94

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Re: Has Roberts lost "control" of the Supreme Court?
« Reply #3 on: June 26, 2022, 03:13:36 PM »
Should the Chief Justice have "control" of the court?  I am sure that wasn't the intent.
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Hawkmoon

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Re: Has Roberts lost "control" of the Supreme Court?
« Reply #4 on: June 26, 2022, 03:15:03 PM »
Should the Chief Justice have "control" of the court?  I am sure that wasn't the intent.

I agree. As far as I know, the Chief Justice is supposed to be basically a "first among equals." The concept that the Supreme Court is supposed to reflect an ideology -- any ideology -- or have a direction or an agenda is anathema to the concept of a nation of laws. The Supreme Court is not supposed to have any bias or ideology whatsoever. Their role -- their ONLY purpose -- is deciding whether or not laws are constitutional. Such determinations should be based on the original language and intent of the Constitution, nothing else.
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