Chief Justice John Roberts joined the liberals in a dissent Wednesday perhaps most striking for its final paragraph: a critique of the conservative majority’s frequent use of the shadow docket, in which Justice Elena Kagan writes for the group that “the Court goes astray.”
Roberts needs to do more than just agree with Kagan’s assessment that “the Court goes astray.” He needs to do something about it. Of course, he may not be aware he’s still Chief Justice.
“The principal dissent’s catchy but worn-out rhetoric about the ‘shadow docket’ is similarly off target,” Kavanaugh huffed in response.
“This isn’t shadow docketing because we say it’s not.”
So, Roberts doesn’t control the shadow docket?
Oh my God. The inmates really are running the prison?
ETA: Oh my double-God! Nobody has said no in 7 hours!
“Does it read like something that was purely results driven and designed to impose the policy preferences of the majority, or does this read like it actually is an honest effort and persuasive effort, even if one you ultimately don’t agree with, to determine what the Constitution and precedent requires?” she asked.
She went on to explain that while almost no one aside from other judges, law professors and a few lawyers will read any Supreme Court opinion, it’s a sure sign of its freedom from ideology if it contains some citations to other opinions written by the late Justice Scalia, a bit of Latin, and the use of one or both of the following phrases: “notwithstanding the foregoing” and “provided, however, that . . .”
Kavanaugh barely going through the motions:
You might have written a long dissent that addresses the original intent of the court, and the real world rationales for making our decisions publicly, but I won with my prematurely-old-man-shouting-at-clouds comeback that your dissent was “catchy but worn-out”!
Sorry Amy, if the decision is based on the judicial philosophy of originalism it has no merit. Stop making speeches telling the country you are just following the law. Then how come everyone can predict where you will stand beforehand.
In time outrageous decisions will no longer be outrageous. That’s the plan. Comfortably numb they call it.
Has anyone else noticed how spot the fuck on Orwell was?
The Oligarchy is pleased…
By design…the Chief Justice is only that. Just a title. Another guy on the Court with no power to direct it.
It’s like the right wing read “1984” and decided it was a pretty good plan.
Hmm, Roberts taking a potshot at the shadow docket on a relatively benign case (as relates to keeping the right-wing in power in perpetuity).
Funny…he sided with the majority on most (all?) the other shadow docket decisions during the Orange Plague, so methinks the Chief Justice doth protest too much.
There is no right to life in the Constitution.
ETA: Please insert a snicker here. And add, “according to Republican conservatives”. Apologies : - )
He could resign in disgust in June when Roe is overturned…
Would be a wiley way to save the reputation of the Robert’s court while it still having achieved the Federalist society’s aims toward plutocracy, and would still leave the conservative majority.
Robert’s would not truely deserve the kudos that he would get as his reasonable votes are often as he tries to save the conservative movement from itself, as would be the reason for such a move.
Probably the only way out with his legacy intact
That said, probably won’t because at the core of it he’s a Republican first.
Just the Declaration.
You mean like the part where he predicted the electronic devices in your home will listen to you? Or the part where innocent people are slaves to a fascist right-wing state. One already happened, the other is on deck.
Roberts legacy as Chief Justice is in the sewer.
Its the long game, separating himself from the naked power grabs and coming trashing of precedent…
Media gobbles that BS right up…
Apropos of the Republican he is