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Louisiana abortion case shows Roberts firmly at Supreme Court's center: The new swing vote
Posted on 2/9/19 at 12:35 pm
Posted on 2/9/19 at 12:35 pm
quote:
Chief Justice John Roberts broke with the Supreme Court's other conservative justices and his own voting record on abortion to block a Louisiana law requiring abortion providers to have admitting privileges at a nearby hospital.
Roberts didn't explain his decision late Thursday to join the court's four liberal justices. But it was the clearest sign yet of the role Roberts intends to play as he guides a more conservative court with two new members appointed by President Donald Trump.
Since the retirement of Justice Anthony Kennedy last summer, Roberts has become the court's new swing vote. He is, by most measures, a very conservative justice, but he seems determined to keep the court from moving too far right too fast and being perceived as just another forum for partisan politics in Washington.
"People need to know that we're not doing politics. They need to know that we're doing something different, that we're applying the law," Roberts said during an appearance this week at Tennessee's Belmont University.
Roberts' vote in the Louisiana case was the fourth time in recent weeks that he has held the decisive vote on 5-4 outcomes that otherwise split the court's conservative and liberal justices.
LINK
This post was edited on 2/9/19 at 12:39 pm
10
Posted on 2/9/19 at 12:35 pm to rickgrimes
So how come the "swing" vote always swings one way?
Posted on 2/9/19 at 12:39 pm to rickgrimes
Not for long......
This post was edited on 2/9/19 at 12:44 pm
Posted on 2/9/19 at 12:43 pm to gthog61
quote:In the 2016 Texas case, Roberts dissented and voted to uphold the identical Texas law.
So how come the "swing" vote always swings one way?
The Louisiana case was just a procedural ruling to honor stare decisis and put this statute on hold for a few months, pending full briefing, oral argument and deliberation at SCOTUS.
The interesting question will be whether his SUBSTANTIVE vote will remain the same (to uphold the law, likely creating a new majority and overturning the Texas case) or whether he will treat the 2016 decision as stare decisis .... regardless of how he would LIKE to vote.
If he honors stare decisis, you people will call him a traitor. If he fails to do so, you will love it, but he will have established himself as an activist judge for the Right.
The hardest job for an appellate judge is voting to uphold laws that he abhors or to overturn laws that he favors. If he can do so, he is a good judge. If not, he should not be on the bench.
This post was edited on 2/9/19 at 12:51 pm
Posted on 2/9/19 at 12:47 pm to rickgrimes
Checks out, Roberts’ membership in the Federalist Society was never definitively established, dude’s a total swing vote chode when it comes to the CONSTITUTION bad bad SCOTUS pick by W
Posted on 2/9/19 at 12:49 pm to AggieHank86
quote:
In the 2016 Texas case, he dissented and voted to uphold the identical Texas law.
The Louisiana case was just a procedural ruling to honor stare decisis and put this statute on hold for a few months, pending full briefing, oral argument and deliberation at SCOTUS.
The interesting question will be whether his SUBSTANTIVE vote will remain the same (to uphold the law, likely creating a new majority and overturning the Texas case) or whether he will treat the 2016 decision as stare decisis .... regardless of how he would LIKE to vote.
If he honors stare decisis, you people will call him a traitor. If he fails to do so, you will love it, but he will have established himself as an activist judge for the Right.
Okay then, got me there, so I will rephrase it.
How come the "swing" vote is ALWAYS a Republican appointee?
There's NEVER anybody swinging the other direction to make "controversial" decisions 6-3.
Posted on 2/9/19 at 12:50 pm to AggieHank86
He can still honor stare decisis for Whole Woman’s Health and uphold the Louisiana law on narrow grounds relating to the differences in facts as provided by the 5th Circuit, don’t worry, bro haha
Posted on 2/9/19 at 12:50 pm to rickgrimes
You misspelled worthless cuck.
Posted on 2/9/19 at 12:51 pm to rickgrimes
quote:
"People need to know that we're not doing politics. They need to know that we're doing something different, that we're applying the law," Roberts said during an appearance this week at Tennessee's Belmont University.
I think it’s funny you have Roberts publicly calling out Trump for saying no judges are political (when trump was calling out Obama’s nominees on 9th) and then you have Clarence Thomas calling out the 9th as well last year basically telling them to fricking knock it off.
Posted on 2/9/19 at 12:53 pm to rickgrimes
What’s wrong with him making his decision based on law and not politics? I wish all 9 of our SC justices were like that. And all of our representatives in the legislature
Posted on 2/9/19 at 12:57 pm to rickgrimes
This is why the Left & the media are being so secretive about RBG. They, along with most of us, know that it is the replacement for Ginsberg which will truly tip the Supreme Court. Trump is 2-0 in appointing Justices who will uphold the United States Constitution. He will soon be 3-0, and the Left will be out of any leverage they now hold.
Tick-tock.
Tick-tock.
Posted on 2/9/19 at 1:11 pm to rickgrimes
I'm going to reserve judgment until the case is ruled on the merits. But Roberts doesn't exactly give any conservatives confidence that we now have a majority. We should get that soon enough though.
Posted on 2/9/19 at 1:14 pm to AnonymousTiger
quote:I am curious as to what you consider to be more important in an appellate judge.
I'm going to reserve judgment until the case is ruled on the merits. But Roberts doesn't exactly give any conservatives confidence that we now have a majority. We should get that soon enough though.
Respect for stare decisis OR activism for the causes of the Right.
Posted on 2/9/19 at 1:15 pm to AggieHank86
quote:
The hardest job for an judge is voting to uphold laws that he abhors or to overturn laws that he favors. If he can do so, he is a good judge. If not, he should not be on the bench.
FIFY, and the ninth circuit judges have not gotten this memo.
Posted on 2/9/19 at 1:19 pm to rickgrimes
Posted on 2/9/19 at 2:19 pm to rickgrimes
Why do you think GHWB picked him? Roberts is a milquetoast, establishment, country club Republican.
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