In the span of a week Chief Justice John Roberts has twice been seen frequenting liberal hot spots.
First, he jumped ship from the USS Conservative to eviscerate Arizona’s SB 1070 immigration law. By the time he and his liberal comrades were finished the only thing left of 1070 was a toothless and unenforceable right to check provision. ICE didn’t have to, and wouldn’t, work with Arizona, and Arizona had no state right to do anything about anything they found. But, they can politely ask and check…if they can find a way of doing it without racial profiling. All other provisions under consideration were simply deep-sixed. Party on, Chief.
Not satisfied to learn new liberal dances on the 1070 case, CJ Roberts went clubbing with the libs again on ACA, helping to uphold a liberal cause-celeb law when his one vote could have struck it down had he joined Scalia, Alito, Thomas and Kennedy. Is it real or just a dalliance? Did he secretly vote for Obama? Who knew?
Here’s a theory, but that’s all it is. John Roberts is a student of history, especially the history of the Supreme Court. He knows what happened to the reputation of the Supreme Court when FDR attacked it for undermining the New Deal. He doesn’t want that as his legacy. Could be he’s still stinging from the reaction to Citizens United. That reaction hasn’t stopped, and Citizens United has taken on the flavor of being to liberals what Roe v. Wade is to conservatives. Though just reaffirmed in the Montana case, the criticism will not die.
Politically astute, Roberts likely understands that the power of the Supreme Court lies in maintaining its credibility. All conservative, all the time lends itself to political attack and undermines the Court’s precious credibility. Insensitivity to the Latino community and the health care needs of tens of millions would leave the Court open to charges of being out of touch with the country. Yes, flash back to the New Deal criticism of the Court.
Roberts, I suspect, is more cagey than he is a secret liberal. Still, it’s interesting to see him out dancing at Club Progressive.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.