Although I have yet to post directly on John G. Roberts (now justice Roberts), a careful reader could have probably figured out my favorable disposition to the new chief justice. After reading about Roberts after his nomination, and then watching him in the confirmation hearings, I became extremely impressed with his pristine resume, legal brilliance, modest temperament, and what seems an affable personality. He is going to be a great chief justice.
Tomorrow marks the official beginning of the new term of the Supreme Court, and thus the beginning of the Roberts era. Since the Court is so often split up historically in terms of the tenure of chief justices, there has been an ongoing dialogue both in the press and the legal community about what sort of personality and identity the Court will maintain under its newest chief justice.
It's hard to predict these sorts of things. Roberts was understandably cagey during his nomination hearings and his unwillingness to express his legal opinions precludes us from being able to accurately predict how he may rule on the Court. Although it seems frustrating and illogical for nominees to be able to refuse answering substantive questions concerning how they might feel on upcoming legal issues and controversies, the fundamental underpinning of separation of powers somewhat justifies Roberts' refusals to answer certain questions. Arguably, this makes confirmation hearings somewhat pointless. With a new round of confirmations coming up, perhaps this might be a good topic for a post.
Fortunately, the wait is almost over, and most of our questions will be answered over the coming year. Because Roberts is the chief justice and will inherit the privilege of assigning who writes the majority opinion, we will get an immediate feel for where he falls on certain issues, even though his actual voting power is no greater than any other justice's.
Although it seems fairly safe to call Roberts a "conservative," such political labels don't always transpose so precisely onto legal theories. For example, Rehnquist's favoritism for states' rights was often cited as obvious evidence of his conservative leanings. But states rights can work against Republicans just as it can work for them. Rehnquist's federalist love lead him to dissent in the case last summer which ruled that the federal drug laws against marijuana supersede the local laws of any state. This doesn't sound very "conservative" to me.
Being a law student, I am developing a newfound appreciation for judges and how they formulate legal opinions. More than anything, i'll be interested to see how Roberts thinks and writes about important legal topics. Tomorrow starts an important new era in the history of the Court. I plan on attending at least one session of the Supreme Court this fall, and i'll surely blog about it if I do.
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