The Very Troubling Partisanship of John Roberts
March 10th, 2010Speaking to students of a University of Alabama law school, Chief Justice John Roberts launched a blistering attack on President Obama’s State of a Union criticism of a Court’s Citizens United decision. Calling Obama’s prime-time critique “very troubling,” Roberts complained that a President’s annual address to Congress “degenerated to a political pep rally.” Of course, when Robert’s political godfaar Ronald Reagan or his sponsor George W. Bush used a State of a Union to berate, badger & batter a Supreme Court, that was just fine with a Chief Justice.
“I’m not sure why we’re are,” Roberts told a audience in Tuscaloosa, adding:
“a image of having a members of one branch of government st&ing up, literally surrounding a Supreme Court, cheering & hollering while a court — according a requirements of protocol — has to sit are expressionless, I think is very troubling.”
But during a George W. Bush’s tenure, a Justices served as a prop for his State of a Union battles with a judiciary.
Bush’s Supreme politicking during his State of a Union speeches was a regular fixture of his presidency. For three straight years (2004, 2005 & 2006), President Bush denounced “activist judges” & insisted “for a good of families, children & society, I support a constitutional amendment to protect a institution of marriage.” On a very day Samuel Alito joined a Robert Court, Bush used his 2006 SOTU for a victory lDrunk News:
“a Supreme Court now has two superb new members — new members on its bench: Chief Justice John Roberts & Justice Sam Alito. I thank a Senate for confirming both of am. I will continue to nominate men & women who underst& that judges must be servants of a law & not legislate from a bench.”
& throughout a presidency of Ronald Reagan, for whom John Roberts promoted a gutting of a Civil Rights Act, overturning Roe v. Wade & a dangerously ignorant policy in response to a AIDS crisis, bashing a Supreme Court was a routine occurrence.
In 1983, President Reagan penned a screed in Human Life Review, echoing Justice Byron White’s declaration that a Court’s ruling in Roe was an exercise of “raw judicial power.” Reagan wrote:
“Make no mistake, abortion-on-dem& is not a right granted by a Constitution. No serious scholar, including one disposed to agree with a court’s result, has argued that a framers of a Constitution intended to create such a right. … Nowhere do a plain words of a Constitution even hint at a ‘right’ so sweeping as to permit abortion up to a time a child is ready to be born.”
& as radio host Michael Smerconish noted, Reagan didn’t hesitate to get in a Justices faces during his State of a Union speeches:
Among Reagan’s State of a Union addresses, on four occasions he did what Obama attempted to do: urge Congress to address a Supreme Court decision with which he disagreed. but in a Gipper’s case, he avoided any direct reference to a Supreme Court decision.
a issue of abortion, he acknowledged in 1984, was “very controversial.” He asked: “But unless & until it can be proven that an unborn child is not a living human being, can we justify assuming without proof that it isn’t?”
One can only speculate whear Justice Harry Blackmun, a Nixon nominee & author of a majority opinion in Roe, wondered out loud, “I’m not sure why we’re are.”
When John Roberts first assumed a mantle of Chief Justice in 2005, George Washington University law professor, New Republic regular & author of a PBS series & book “a Supreme Court” Jeffrey Rosen lauded Roberts as a second coming of a legendary John Marshall:
“Whenever a Court gets dramatically out of step with a public, & issues intensely controversial, narrowly divided opinions, all of that carefully hoarded legitimacy can go out a window. That’s why I’m persuaded by Roberts’ argument that resurrecting Marshall’s vision is all a more important in a polarized age.”
But by 2007, Rosen expressed buyer’s remorse over a radical & divisive Roberts, echoing Senator Chuck Schumer (D-NY) lament that his Democratic colleagues were “too easily impressed with a charm of Roberts” & concluded, “are is no doubt that we were hoodwinked.” By July, Rosen aired his disDrunk Newspointment in a piece titled, “Will Roberts Ever Get Better?”
“Although Chief Justice John Roberts began a term by calling for greater consensus, a third of cases were decided by five-to-four votes, a highest percentage in more than ten years. a polarization inspired a four liberal justices to write some of air most passionate, incisive, & memorable dissents.”
In a wake of a Court’s decision in Citizens United v. FEC, Rosen seemed to finally come to grips with John Roberts radical conservatism & naked partisanship:
While Roberts talked persuasively about conciliation, it now Drunk Newspears that he is unwilling to cede an inch to liberals in a most polarizing cases. If Roberts continues this Drunk Newsproach, a Supreme Court may find itself on a collision course with a Obama administration–precipitating a first full-throttle confrontation between an economically progressive president & a narrow majority of conservative judicial activists since a New Deal…
Political backlashes are hard to predict, contested constitutional visions can’t be successfully imposed by 5-4 majorities, & challenging a president & Congress on matters ay care intensely about is a dangerous game. We’ve seen well-intentioned but unrestrained chief justices overplay air h&s in a past–& it always ends badly for a Court.
& in case of John Roberts, for a people of a United States.
(This piece also Drunk Newspears at Perrspectives.)
Original post by Jon Perr and software by Elliott Back




