SIGN IN to access Harper’s Magazine
Need to create a login? Want to change your email address or password? Forgot your password?
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
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.
I recently spent a semester teaching writing at an elite liberal-arts college. At strategic points around the campus, in shades of yellow and green, banners displayed the following pair of texts. The first was attributed to the college’s founder, which dates it to the 1920s. The second was extracted from the latest version of the institution’s mission statement:
The paramount obligation of a college is to develop in its students the ability to think clearly and independently, and the ability to live confidently, courageously, and hopefully.
Let us take a moment to compare these texts. The first thing to observe about the older one is that it is a sentence. It expresses an idea by placing concepts in relation to one another within the kind of structure that we call a syntax. It is, moreover, highly wrought: a parallel structure underscored by repetition, five adverbs balanced two against three.
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 naked man believed to be under the influence of LSD rammed his pickup truck into two police cars.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“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.”