The Decision to Overturn Roe Shows That Chief Justice John Roberts Has Lost the Confidence of the Court's Conservative Majority – RedState
Share this @internewscast.com

One of the things about yesterday’s Supreme Court decision obliterating the grotesque fiction that child-killing is a Constitutional right that struck even non-lawyers (thanks be to Heaven) like myself was the way that the concurring opinion written by Chief Justice John Roberts read much more like a dissent than the way it was billed.

The objection that Roberts raises to the reasoning in Dobbs is that it goes further than Roberts believes necessary. He’s willing to uphold the Mississippi law but he would just update the Roe/Casey mess with another rule. He agrees with the critique of Roe by the majority but doesn’t want to get rid of a constitutional right to infanticide. Rather than right a wrong decision, Roberts would rather make the decision only a little less wrong.

Roberts’ entire concurrence is embedded below.

As I said, I’m not a lawyer, but I don’t believe I’ve ever seen a Chief Justice’s opinion get a smackdown like this from other members of the majority he joined. Justice Alito succinctly summed up Roberts’ approach: “The concurrence’s most fundamental defect is its failure to offer any principled basis for its approach.”

It is only a few pages long, but to understand its significance, you need to read it.

Majority Consideration of CJ Roberts’ Dobbs Concurrence by streiff on Scribd

This is why I give more credit to Mitch McConnell (Love Him or Hate Him, Mitch McConnell Was the Key Man In Getting Rid of the National Shame of Roe and Casey) than to President Trump (Roe Is Dead, and We Have Trump to Thank for That). If Merrick Garland was on the Supreme Court, even with President Trump’s justices in place, the vote on Dobbs would have been 4-4. Based on Roberts’ concurrence, if he had to choose between striking down or upholding Roe, he would have voted to uphold it in its current form or with a 15-week carve-out for state intervention.

Roberts’ concurrence reads very much like that of a man who has lost control of the Court and the respect of his colleagues. The only reason I can see that Roberts concurred with the opinion is that he didn’t want to be repudiated by the Court in what will likely be the most significant decision of his tenure as Chief Justice.

Politico has an interesting piece on that subject headlined: The lonely chief: How John Roberts lost control of the court.

Yet, Roberts on Friday found himself alone. He tried to avoid the very fallout that he believed the court could have avoided by stopping short of overturning Roe, and seems keenly aware of how Americans view the Supreme Court. The court continues to drop in its approval ratings with the public and it can’t seem to escape the perception that the institution’s decisions are being driven by politics, not principle.

The snub Roberts suffered Friday would be humbling for any chief justice given the way in which abortion-related decisions bring a white-hot spotlight to the court. But it’s just the latest in a series of blows Roberts has sustained in recent weeks that have fueled doubts about his ability to manage an increasingly fractious court.

An earlier Politico article, What a Roberts compromise on abortion could look like, perhaps unwittingly points to why Roberts can’t lead a conservative majority.

While any ruling from Roberts ostensibly preserving Roe might temper the overall reaction to the court’s looming abortion decision, it would be viewed by many conservatives as just the latest betrayal of their movement and principles by the chief, who unexpectedly emerged as a swing justice on the court in a handful of major cases over the past decade. His decision in 2012 to join the court’s liberals and uphold the Affordable Care Act’s individual mandate profoundly disappointed many activists on the right who were expecting Roberts to help deliver a crippling blow to Obamacare.

Roberts also joined a 6-3 decision in 2015 that allowed Obamacare’s insurance subsidies to keep flowing nationwide — a ruling Justice Antonin Scalia dismissed as “pure applesauce.”

Since then, Roberts provided the critical vote to block President Donald Trump’s efforts to repeal deportation protections and other benefits for so-called Dreamers. The chief also sided with liberals to hold off a major challenge to government agencies’ regulatory powers and even wrote for the majority in a 5-4 decision rejecting the Trump administration’s efforts to add a question about citizenship to the 2020 census.

The bottom line is they don’t trust him and don’t trust his finger-in-the-wind incrementalism. The Court is clearly being led by the Thomas-Alito partnership that is providing the willpower and guts to motivate the conservative majority to decide cases based on the law and not worry about what the editorial boards of the Washington Post and New York Times say.

Share this @internewscast.com
You May Also Like
Hundreds turnout for Big Boi concert during the World Games

Average US gasoline price falls 45 cents to $4.10 per gallon

CAMARILLO, Calif. (AP) — The average U.S. price of regular-grade gasoline plummeted…
Hillary Clinton has insinuated in a new book by an NBC News reporter that she believes her former 2016 Democratic primary rival Bernie Sanders is a sexist, remarking 'I know the kind of things that he says about women and to women'

Hillary Clinton rips Bernie Sanders as sexist in new book

‘I know the kind of things that he says about women and…
The Duke and Duchess of Cambridge, are reportedly set to uproot their family from Kensington, west London, to a four-bed property in Windsor 'to be closer to the Queen'

Cambridge’s move to four-bedroom Adelaide Cottage will mean ‘not having a live-in nanny’

Duke and Duchess of Cambridge’s move to four-bedroom Adelaide Cottage will mean…
These cities are hit hardest by inflation: report

These cities are hit hardest by inflation: report

(NEXSTAR) – Inflation has been putting a strain on U.S. households for two…
New Poll Shows Just How Over It Is for Biden and the Democrats – RedState

New Poll Shows Just How Over It Is for Biden and the Democrats – RedState

Democrats have managed to do something very rare, and that’s got the…
Hulu's 'The Bear' finally validates the of restaurant wives like me

Hulu’s ‘The Bear’ finally validates the of restaurant wives like me

Thank you to the hit TV series ‘The Bear” for daring to…
Chicago First Alert Weather: Clouds give way to sunshine

Chicago First Alert Weather: Clouds give way to sunshine

CHICAGO (CBS) — Clouds will slowly give way to sunshine this week…
Two killed in small plane crash on Illinois road

Two killed in small plane crash on Illinois road

Two people died Saturday after their single-engine plane crash-landed next to a…