John Roberts

Will Chief Justice John Roberts Be In The Tradition Of John Marshall, Charles Evans Hughes, And Earl Warren? The Question For The Long Term Future

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Chief Justice John Roberts made history in a way that he had to realize would happen, when he broke with the conservative wing of the Court, shocking conservatives and cheering liberals and progressives on the Affordable Care Act, known to its critics as “ObamaCare”.

The question is whether this is a one time aberration, or a beginning of a reconsideration of the philosophy that will govern the future decisions of Chief Justice Roberts.

Has Roberts had an “epiphany”, or did he do this for his own reputation and that of the Court as an institution?

Is Roberts ready to continue to antagonize Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, two of whom will be likely staying on the Supreme Court for a long period of years, maybe as long as he will?

Does Roberts have a sense of history, and wants to be leagued with other great Chief Justices?

Certainly, seeing the harsh, bitter reaction of many conservative talk show hosts, Republicans and others of the right wing in our politics, might give Roberts pause, and possibly make him reluctant to go against the tide again.

A sign that he will not give in to the attacks would be to push another Citizens United case to be considered by the Court, and this time, to take the proper side for the people of America against the corporations and their power, but who can say that will happen?

In any case, Roberts at least has the potential, if he has the courage and principles to do so, to go down in history as in the tradition of Chief Justices John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969)!

He also has the potential to go down as an “also ran’! It is all up to him, and him alone!

Tension Between Chief Justice John Roberts And Conservative Justices On Supreme Court Reported: What It Might Mean!

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In an extremely rare inside look at the Supreme Court, which tends to keep secret the interactions of its members, there are strong indications that the decision of Chief Justice John Roberts to side with the liberals on the Court and uphold “ObamaCare” may have caused what might be a permanent rift on the Court between Roberts and Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito.

No one is likely to ever confirm such a rift explicitly, but it will be very interesting to observe the body language of the Court in oral arguments, decision announcement days, and other public meetings where the members of the Court will be together in public places.

One could wish that he or she was a “fly on the wall” figuratively, to see what has really gone on, and will occur, in the future.

The situation could transform the Court IF Roberts continues to side with the liberals, but few expect that to happen. But the old warmth and respect for each other that the Court is famous for in most of its past may be done, nevertheless.

It also makes one wonder, particularly IF Roberts continues the course he is on at the moment, whether it will convince Antonin Scalia to quit the Court, at age 76 and counting, and may be determined by who is elected President in November.

It is hard to imagine Scalia leaving, or even Associate Justice Anthony Kennedy, if Barack Obama is elected to a second term, but if Romney is elected, it is conceivable that both might leave sooner rather than later, if either or both feel uncomfortable working with Roberts in the future.

One can forget about Clarence Thomas or Samuel Alito leaving, however, as neither would plan to leave anytime soon!

1937: “Four Horsemen Of The Apocalpse! 2012: “Three Horsemen Of The Apocalypse” On The Supreme Court!

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In 1937, at the height of the New Deal of Franklin D. Roosevelt, four members of the United States Supreme Court resisted any part of the programs to deal with the Great Depression, and came to be known derisively as the “Four Men Of The Apocalpyse!.

These four Justices, seen as overly right wing conservatives were:

Willis Van Devanter (1911-1937)
James McReynolds (1914-1941)
Pierce Butler (1922-1938)
George Sutherland (1923-1939)

Today, 75 years later, it is clear that three Supreme Court Justices are united in their opposition to the agenda and programs of Barack Obama, as he tries to deal with many of the same economic problems that we had in the Great Depression.

These men are:

Antonin Scalia (1986-)
Clarence Thomas (1991-)
Samuel Alito (2006-)

It would seem appropriate to call them the “Three Horsemen of the Apocalypse”!

In 1937, we had two moderate centrists on the Court, Chief Justice Charles Evans Hughes and Associate Justice Owen Roberts, while today we have somewhat equivalent conditions with Chief Justice John Roberts and Associate Justice Anthony Kennedy!

Hopefully, Barack Obama will have much of the same fortune that FDR had, the ability in the second term to replace, in FDR’s case, three of the four “Horsemen of the Apocalypse” with replacement appointments with a more open minded, progressive attitude, which had a dramatic effect on the future of the nation!

Despite Health Care Ruling, Supreme Court Is Still Out Of Control, And Presidential Election Will Decide If It Regains Confidence Of The American People!

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The Supreme Court came through by the barest of margins on the issue of “ObamaCare” last week, but when one looks at the Court’s radical swing to the right in so many other ways, it is clear that the future reputation of the Court and the long term future of the nation requires the victory of Barack Obama for a second term as President.

By confirming their Citizens United decision again in a case involving Montana state law, and by actions against labor unions and their rights in another case, and in the solidity most of the time of the Republican appointees in rejecting past precedent and tradition, the Court has gained an image of being extremist and confrontational, and lost American public opinion and respect, which is dangerous for our democracy.

Ronald Reagan, George H. W. Bush, and George W. Bush effectively moved the Court away from the political center to the extreme right, and we are suffering the effects of this extremist rightward tilt.

We cannot afford to base the future on Anthony Kennedy SOMETIMES going with the liberal side of the Court, or Chief Justice John Roberts seemingly being concerned about the reputation of the Court. Neither is reliable to keep the Court in the political center, and protect the rights of the powerless.

The only answer is to insure that when the older members of the Supreme Court retire or die while in service on the Court, that we replace them with Justices who have a vision of the country more in line with the reality of the 21st century than the 19th century Gilded Age!

With Ruth Bader Ginsberg, Antonin Scalia, and Anthony Kennedy to be over 80 before the next Presidential term ends, the likelihood is that whoever is President in the next four years will have a transformative effect on the Supreme Court and constitutional law.

The thought of Mitt Romney making those choices is truly terrifying, and will make the Court a right wing extremist influence into the 2040s, totally unacceptable!

Barack Obama will be able to make the Court shift more into the mainstream, preserving the brilliant times of the Warren Court in the 1950s and 1960s, when America advanced constitutionally in so many ways!

One Dark Part Of The Supreme Court Decision On “Obamacare”: Commerce Clause Limited For First Time Since New Deal, Thrilling Libertarians!

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As one analyzes the Supreme Court decision on “ObamaCare” written by Chief Justice John Roberts, in the midst of the celebration, one has to pause and be concerned about Roberts’ assertion that the “commerce clause”, utilized regularly since the New Deal to permit expansion of federal power, was declared limited by a 5-4 vote of Roberts and all four Republican and conservative appointments on the Court—Antonin Scalia, Clarence Thomas, Anthony Kennedy, Samuel Alito–and vigorously opposed by the four Democratic and liberal appointments—Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Instead, Roberts said the law was constitutional based on the “mandate” being a tax.

LIbertarians are cheered by this aspect of the case, but it COULD effectively limit federal power, and restore states rights back to the pre 1930s view, which would indeed be tragic in so many ways!

So the battle over the future of government, and over what the Roberts majority opinion means for the long term, will be the subject of much discussion, debate, and cases over the coming years!

Cordiality On The Supreme Court: Does It Exist After The Health Care Decision?

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It has always been said that the members of the Supreme Court are always cordial and friendly, no matter their ideological differences.

But one wonders if that is so, after Chief Justice John Roberts wrote the majority opinion in the case involving “ObamaCare”, joining the four liberals on the Court.

We know that Antonin Scalia was uncomfortable as the decision was being issued, and was certainly furious and temperamental in his public utterances that Thursday morning!

It is hard to imagine that Scalia, Samuel Alito, and Clarence Thomas are NOT upset over the decision, and that it might very well affect personal relationships. This may not be something easily overcome, particularly when the usual swing vote, that of Justice Anthony Kennedy, was not there to support Roberts.

Roberts may be hoping, privately, that Scalia and Kennedy retire, as they really should soon, with their age being past 80 by the end of the next term.

On the other hand, Roberts and all of us will be burdened for many years by the relative youth of Clarence Thomas and Samuel Alito!

This whole situation makes it more urgent than ever that Barack Obama replace retiring Justices, as well as circuit court judges, if there is to be any hope for a fair hearing in Supreme Court cases!

The “compassionate conservatism” of Chief Justice Roberts is far preferable to the narrow minded, biased, uncaring conservatism of Scalia, Thomas, Alito, and YES, even Anthony Kennedy, sorry to say!

What Might Have Been: Chief Justice Samuel Alito!

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In Jully 2005, shortly after Associate Justice Sandra Day O’Connor announced her retirement, President George W. Bush announced John Roberts as his choice as her replacement on the Supreme Court.

The hearings were scheduled for early September, but two days before the hearings began, Chief Justice William Rehnquist died, and overnight, Bush decided to switch Roberts to be the appointee for Chief Justice, and later selected Samuel Alito to replace O’Connor!

The course of history was changed dramatically by this, ever more so now after Chief Justice Roberts authored the majority opinion on the Affordable Care Act, better known as ObamaCare!

Samuel Alito has proved to be a right wing extremist on the Supreme Court, joining with Antonin Scalia and Clarence Thomas, and often called “Scalito” by critics. He also is the Justice who mouthed “not true” after the CItizens United Case decision, when President Obama, in the State of the Union speech a few days later, openly criticized that decision to the faces of the Supreme Court, while the other Justices, including Roberts, sat stone faced, which was the professional way to behave, but not for Alito!

The leader of the Court knows the Court is in his name, and that he must think of history, and Chief Justice Roberts knows that well, and has shown his statesmanship on this health care case, realizing no major decision of the Court since 1937 has repudiated a major social reform law passed by Congress.

Justice Alito is NOT a statesman, far from it, and rather is in many ways a disgrace–a narrow minded, hostile, nasty representative of the agenda of the Far Right, who if he had any ethics, would resign from the Court, but preceded by Scalia and Thomas, the two worst Justices of the past half century on the Court!

The Irony Of George W. Bush Appointee To Chief Justice Upholding Barack Obama’s Signature Accomplishment!

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Who would ever have thought that President George W. Bush would appoint a Chief Justice, John Roberts, who would uphold the signature accomplishment of Barack Obama’s first term in office, the Affordable Care Act?

This fact will actually make Bush look a little better in the long run of history, and the 43rd President can certainly use any help he can get historically to overcome his overall abysmal record as Chief Executive!

One could say that Roberts in this case proved to be a “compassionate conservative”, the term utilized by Bush when he ran for the Presidency!

And considering the nastiness and venom of the reaction to this decision by most Republicans, it actually makes Bush look better, that he was the last time period when the term “compassionate” was thought to be something that was good and decent by the Republican leadership!

Certainly, Mitt Romney’s campaign for President has exhibited NONE of this compassion, as he makes it clear that his goal in running for office is to repeal ObamaCare, a negative campaign which will fail miserably, as Alf Landon, running against the New Deal and Franklin D. Roosevelt in 1936, was smashed and the Republican Party was weakened to its weakest membership in American history in the Congress!

The GOP better be careful, or they may face the repudiation of the voters in historic terms similar to 1936! Being negative and speaking for the plutocracy is NOT the way to gain and keep power!

The Lunatic Right Goes Berserk After Supreme Court Health Care Decision

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The true nature of the right wing Republicans and conservative radio talk show hosts and Fox News Channel is revealing itself in the aftermath of the decision of the Supreme Court on the Obama Health Care law as being constitutional, written by Chief Justice John Roberts.

Roberts is being pilloried as a “traitor”, the Court being denounced as a “death panel”, and Congressman Mike Pence of Indiana, who once thought of running for President, said the Court decision was the equivalent of another September 11!

How reckless on the part of Mike Pence! How disgraceful a behavior by Rush Limbaugh, Glenn Beck, Congresswoman Jean Schmidt of Ohio, South Carolina Senator Lindsey Graham, Kentucky Senator Rand Paul, and the others on the lunatic right!

They are showing us the dangers if they were to gain total power, as Fascism would be around the corner, ready to destroy the middle class and the poor, in their support of the elite plutocracy that has become a threat since the time of Ronald Reagan onward!

We must pray every day, even if not religious, for the safety and the health of President Obama, Chief Justice Roberts, and other courageous people of different political views, who nevertheless remain in the mainstream of American politics, and want to do what is proper to promote and maintain democracy and opportunity for ALL Americans, not just the wealthy top one or two percent!

These extremists, and there are many others, reveal their true selves as they rant and rave, so go ahead, lunatic fringe, and show us what and who you are, and the American people will reject your leadership, and your talk shows in droves, as they realize that you do not give a damn about them, but only about your own selfish selves, your money and your power!

Chief Justice John Roberts Compared To Chief Justice Charles Evans Hughes

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Chief Justice John Roberts has been compared to Chief Justice Charles Evans Hughes by presidential historian Douglas Brinkley.

Hughes, who had been the 1916 Republican Presidential nominee against Woodrow Wilson, and fought against aspects of the Franklin D. Roosevelt New Deal in the 1930s, nevertheless backed the constitutionality of the Social Security Act in the mid 1930s.

John Roberts, who was opposed as Chief Justice by Senator Barack Obama in 2005, and who has taken a conservative stand on many issues, nevertheless backed the Obama Health Care law yesterday, siding with the progressive wing of the Court.

Hughes is regarded as one of the great Chief Justices, and after yesterday’s decision, Roberts will look much better in history, and could be Time Magazine’s MAN OF THE YEAR for 2012!