Chief Justice John Roberts had zero support for his middle of the road effort on Roe v. Wade
“This was clearly a rough term, but here is the capstone piece of evidence of just how little this is still the Roberts court,” said University of Texas law professor Stephen Vladeck. “This is a court that is fighting with each other past the chief. The bitterness, the intensity, the hostility is a reflection of the chief’s powerlessness because he can’t control either block.”
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 following week, the longest-serving member of the court — Justice Clarence Thomas — called the leak “tremendously bad” and he contended it was fueled by a deterioration in relations at the court in recent years. Thomas didn’t mention Roberts by name, but expressed a clear preference for a period that ended around the time when the chief was confirmed in 2005.
Justices were given 24-hour security details as protests erupted outside some of their homes. And in the most chilling incident, earlier this month, a California man showed up outside Justice Brett Kavanaugh’s Maryland home allegedly intent on killing the justice. Police say the man was armed with a gun and a knife and he expressed anger about the expected abortion ruling and recent mass shootings.
The repudiation of Roberts in the abortion case was indisputable and prompts the fundamental question of what degree of leadership is or should be expected from a chief justice. There have clearly been chief justices out of sync with the majority of their colleagues. “No one can deny that from 2018 until when Ruth Bader Ginsburg died this was the Roberts court in every way that mattered,” Vladeck said. “The consequences of that no longer being true are incalculable but run the gamut from what the court is doing to how justices are behaving to how the institution functions. ... When the median vote on the court became Brett Kavanaugh and Amy Coney Barrett, it’s a very different court than any of us have seen in our lifetimes.
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