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Chief Justice John Roberts embodies the values of the Court he heads. And public opinion polling shows that those values don’t sit well with most Americans. In Roberts’s world, law and morality have little in common. “What is morally just and right – that’s not my job,” he said to a youthful audience in Moscow, Idaho, about a year ago. The sentiment is reflected in Roberts’s rulings. Consider Citizens United, in which he found that corporations have human rights (more, indeed, than most humans) or Caperton v. Massey, in which Roberts concluded (in the minority this time) that there was nothing objectionable about a Supreme Court justice taking millions from the head of a mining company to secure his election and then throwing the case to benefit the mining company and its shareholders.
While Roberts’s sense of justice gives him much flexibility, it evidently requires that others respect and pay deference to him as its corporeal manifestation. So at a talk in Tuscaloosa, Alabama, he landed a blow against Barack Obama, the man to whom he misadministered the oath of office on January 20, in a dazzling display of judicial incompetence: “The image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court — according to the requirements of protocol — has to sit there expressionless, I think is very troubling.” The fact that Justice Alito chose not to heed those “requirements of protocol”—responding to the president’s remarks with a “not true”—of course merited no mention from the chief justice. But the President of the United States wielding political rhetoric in a speech before Congress and a nationwide television audience: shocking!
In fact, John Roberts is a political actor, like every chief justice who has preceded him. He’s the head of the only Republican-dominated branch of government, and his recent utterances reflect that he’s more than conscious of that fact. Prior chief justices have pushed for broad consensus and have urged restraint to avoid deciding more than must be decided in any particular ruling. We call these rules “conservative” and “prudential,” but John Roberts is not that sort of conservative. He is delighted to take his 5-4 majorities when he can, and to pronounce rulings with obvious partisan content that shock and dismay the public at large. That’s his right as a member of the Court with lifelong tenure, and it’s his right to robustly defend his views. Whining when other players in this political process complain about what he’s done, however, is unseemly and injudicious.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
On a Friday evening in January, a thousand people at the annual California Native Plant Society conference in San Jose settled down to a banquet and a keynote speech delivered by an environmental historian named Jared Farmer. His chosen topic was the eucalyptus tree and its role in California’s ecology and history. The address did not go well. Eucalyptus is not a native plant but a Victorian import from Australia. In the eyes of those gathered at the San Jose DoubleTree, it qualified as “invasive,” “exotic,” “alien” — all dirty words to this crowd, who were therefore convinced that the tree was dangerously combustible, unfriendly to birds, and excessively greedy in competing for water with honest native species.
In his speech, Farmer dutifully highlighted these ugly attributes, but also quoted a few more positive remarks made by others over the years. This was a reckless move. A reference to the tree as “indigenously Californian” elicited an abusive roar, as did an observation that without the aromatic import, the state would be like a “home without its mother.” Thereafter, the mild-mannered speaker was continually interrupted by boos, groans, and exasperated gasps. Only when he mentioned the longhorn beetle, a species imported (illegally) from Australia during the 1990s with the specific aim of killing the eucalyptus, did he earn a resounding cheer.
Percentage of Britons who cannot name the city that provides the setting for the musical Chicago:
An Australian entrepreneur was selling oysters raised in tanks laced with Viagra.
A tourism company in Australia announced a service that will allow users to take the “world’s biggest selfies,” and a Texas man accidentally killed himself while trying to pose for a selfie with a handgun.
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“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”