US Supreme Court Chief Justice told law professor and commentator Jeffrey Rosen, “I think it’s bad, long-term, if people identify the rule of law with how individual justices vote.” He expressed his intention to help steer the Court away from 5-4 decisions. Now, three years later, Rosen argues that Roberts has been an activist, combative chief justice, willing to risk confrontations with the other branches of government and public opinion.
"Is any jury going to convict Jack Bauer? I don't think so. So the question is really whether we believe in these absolutes. And ought we believe in these absolutes. ... I don't care about holding people. I really don't." Justice Scalia on 24 and torture. 24 and torture previously.
Politics/PlameFilter: In opening arguments today in the Plame investigation perjury case against Vice President Cheney's former Chief of Staff I. Lewis Libby, the prosecutor portrayed Libby as an agent of a Cheney-driven media offensive. Perhaps the biggest surprise of the day came from Libby's attorney, who portrayed his client as a White House-chosen scapegoat for Karl Rove's misdeeds. A conservative reporter saw in Libby's emerging defense a "dramatic split inside the Bush White House." An MSNBC host asked whether this hullabaloo could lead to Cheney's resignation. Background on the case. Liveblogging of today's arguments from an anti-administration perspective.
“I think it’s bad, long-term, if people identify the rule of law with how individual justices vote.”
Chief Justice John Roberts, decrying “the personalization of judicial politics,” describes his efforts to increase comity on the Supreme Court and to decide more cases unanimously. In Roberts' first term as chief justice, “while a relatively large number of the Court’s decisions” were unanimous, “several important, closely divided cases” were decided by 5-4 votes, with Roberts joining the more conservative justices.