Sotomayor, Kagan shift Supreme Court debates to the left. The liberal wing is no longer drowned out by Scalia and his fellow conservatives during oral arguments.
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.
“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.
On September 17, 1998, in response to an armed robbery call, Houston police burst in to the home of John Lawrence. The police didn’t find a robber (nor would they – the call was deliberately false), but they did find Lawrence having sex with another man, Tyrone Garner. Lawrence and Garner were promptly charged with “engaging in homosexual conduct,” a misdemeanor under Texas law. They paid their fine and began a long legal challenge to Texas’ anti-sodomy law. That challenge has finally reached the steps of the U.S. Supreme Court, which today agreed to hear their appeal early next year. Standing in the way is the Court’s own 1986 decision in Bowers v. Hardwick, in which it held that anti-sodomy laws are constitutional. That may be about to change.
In a small Ohio town, a fight over the right to knock on doors You are a Supreme Court Justice. How would you rule on this case?
Bush, by a technicality. They've run out the clock. Oh dear. This could be messy.