Justice Roberts Plays By His Own Rules In The Supreme Court
The U.S. Supreme Court handed two losses to the Trump Administration and conservatives when it sided with undocumented immigrants and the LGBTQ community. The person responsible for the losses is John Roberts.
Roberts sided with the majority for both cases, demonstrating that he was nobody’s errand boy and would vote based on how he interpreted the law.
In 2010, Roberts sided with conservatives in a case that allowed corporations to spend as much as they wanted in elections – something liberals have not forgotten. In 2014 and 2105, he voted to protect the Affordable Care Act (former U.S. President Barack Obama’s central legislature) – something conservatives have not forgotten.
It stands to reason that, although conservatives can appreciate his voting records, Roberts isn’t as reliable as they had hoped back in 2005 when he was confirmed as chief justice. And, it’s in the last year that makes this case so prevalent.
In June, Roberts agreed with liberals that adding a question about citizenship in the 2020 census was unnecessary, going against the Trump Administration. He said the reason for it appeared to be forced – a distraction.
Back in April, both Roberts and Associate Justice Brett Kavanaugh sided with liberal justices in abandoning a case involving gun-rights groups looking to strengthen the Second Amendment. Many other challenges about state gun restrictions were turned away.
Roberts, alongside liberals and Associate Justice Neil Gorsuch, said a federal law banning sex discrimination in the workplace is also applicable to gender identity and sexual orientation. On Thursday, he wrote to save the DACA program (Deferred Action for Childhood Arrivals program), protecting the children of undocumented immigrants.
Roberts wrote that the Department of Homeland Security has failed to take into consideration the notable problems of potential hardship of DACA recipients.
Many conservatives in and out of Congress were upset with the voting.
Ark. Rep. Sen. Tom Cotton tweeted if Roberts wanted to be a politician, he needed to give up his position on the Court and run for office.
Mo. Rep. Sen. Josh Hawley said it was a very disappointing week at SCOTUS, the most in years. Hawley was once a law clerk for Roberts.
Texas Rep. Sen. Ted Cruz said judging is not a game or supposed to be a game. He said Roberts has long been playing games with the court to ensure the policy outcomes he gets happens.
Roberts, 65, has been on the court for 15 years and is used to the criticism. He said the polarized political environment causes people to see in those ways, but the High Court does not work in that function.
According to Theodore Olson, a former U.S. solicitor general, Roberts is consistent, a rule-of-law individual and a person who cares very much about the process of how legal decisions are made.
Roberts’ desire is like those who came before him – to maintain the court’s validity in the public’s eyes. More than half of the people surveyed trust the Supreme Court more than they do the president and Congress. Roberts wants to ensure nobody sees the High Court as just another political government branch.
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