Chief Justice John Roberts

Is Chief Justice John Roberts On Road To Judicial Leadership Of John Marshall, Charles Evans Hughes, And Earl Warren?

Chief Justice John Roberts is clearly a conservative on the Supreme Court, but he is also very much aware of and concerned about the turmoil in American society, and concerned about the long term reputation of the Court, as well as his own historical image, since he has a sense of history.

So Roberts has surprised Court watchers in some of his decisions, and he has emerged as the “swing” vote on the Court, as only he can prevent the Court from going so hard to the Right that it will lose its image of being an institution that promotes fairness and equity under the Constitution.

So expect that John Roberts will become a true judicial leader on the level of John Marshall (1801-1835), Charles Evans Hughes (1930-1941), and Earl Warren (1953-1969).

These three Chief Justices, generally acknowledged as the three greatest of the 16 previous Chief Justices before Roberts came to the Court in 2005, all demonstrated courage and principle, and came into conflict with Presidents.

Marshall had to deal with the strong opposition of Thomas Jefferson and Andrew Jackson, while Charles Evans Hughes had Franklin D. Roosevelt challenging the Court during the Great Depression, and Earl Warren steered the Court in a direction not always agreed with by Republicans Dwight D. Eisenhower and Richard Nixon.

Now John Roberts has to deal with Donald Trump, who he has already issued a criticism, when Trump spoke of “Obama Judges”, “Bush Judges”, and “Clinton Judges”, with Roberts asserting there is no such thing as judges based on a President, but rather judges adhering to the Constitution as they see it.

This makes it quite clear to many observers that Roberts is ready to take a more moderate stand than he does typically, as he did in saving the Affordable Care Act (ObamaCare) in 2012.

Expect Roberts to side, if necessary, with the four “liberals” on the Court (chosen by Bill Clinton and Barack Obama), with the constitutional crisis that has clearly arisen, including trying to convince the four conservatives selected by both President Bushes and even the two Trump judges, to consider how the Court was unanimous in curbing President Richard Nixon in the Watergate Scandal 45 years ago, and Bill Clinton in the Paula Jones lawsuit 22 years ago.

It is the Supreme Court that is being looked to as the ultimate government branch to rein in a President far more abusive than Richard Nixon, and to reassert separation of powers and checks and balances.

2019 Will Be The Most Significant Year Since 1968, Tumultuous And Transformative

The year 2019 will assuredly be the most tumultuous and transformative year since 1968.

The Democrats taking over the House of Representatives means full investigation of the Presidency of Donald Trump, and the likelihood of the impeachment of Donald Trump.

It might seem that Trump will survive in office, but this blogger believes he will be forced out by resignation, and a deal whereby his children and son in law will avoid prosecution, if Donald Trump agrees to resign.

The pressure on Trump will grow, and his health will likely get worse, and while it might seem that he will not give in and resign, the same thought 45 years ago about Richard Nixon, this blogger’s belief that he will leave office by mid year is strongly held.

If he leaves office no later than June 20, 2019, then Trump will have served exactly 29 months, matching the exact term of President Warren G. Harding from 1921-1923, which is the 4th shortest term of any President in American history.

The likelihood of a President Mike Pence is strong, but he would face party opposition from a number of Republican potential challengers, including John Kasich, Jeff Flake, or Bob Corker, all of whom will not be in public office in 2019.

Also, the likelihood of growing conflict between Chief Justice John Roberts and President Trump will become part of the story of the end of the Trump Presidency.

And Nancy Pelosi, the best Speaker of the House since Thomas “Tip” O’Neill (1977-1987), will play a major role in the events transpiring next year.

And also expect a major battle between the “old timers” (Joe Biden and Bernie Sanders), as well as between them and a new generation of leadership much more diverse, for the Presidential Election Of 2020, including Amy Klobuchar, Kamala Harris, Cory Booker, Julian Castro, Eric Garcetti, and Chris Murphy, among other Democratic contenders.

The Struggle Of Donald Trump With Chief Justice John Roberts More Dangerous Than Earlier Challenges Of Presidents To Supreme Court Chief Justices

Donald Trump has challenged Chief Justice John Roberts and the Supreme Court, just as he has challenged every other institution of government, but Chief Justice John Roberts seems well prepared to deal with Trump, if and when he gets out of hand.

It is certainly a dangerous struggle, as Donald Trump has an authoritarian bent unlike any earlier President, but it seems clear that Roberts is ready to do what must be done to keep the President within the Constitution.

Earlier in history, there were major confrontations of Thomas Jefferson and Andrew Jackson with Chief Justice John Marshall; Abraham Lincoln with Chief Justice Roger Taney; Franklin D. Roosevelt with Chief Justice Charles Evans Hughes; Dwight D. Eisenhower and Richard Nixon with Chief Justice Earl Warren; Richard Nixon with Chief Justice Warren Burger; and Barack Obama with Chief Justice John Roberts.

But Trump has demanded that the court system favor him in all of his executive orders, and other executive actions, but the Court has refused to back him on a regular basis, leading Trump to say that there are Clinton Judges, Obama Judges, and Bush Judges, but Roberts responding that there are no such descriptions, as all are dedicated to the rule of law, a true rebuke of the President.

On a recent executive order to deny asylum automatically to those who seek it, the Court ruled 5-4 against it, with Roberts joining the four Democratic appointments on the Court, and he has earlier upheld ObamaCare in 2012, and at other times, has sided against conservatives.

It is clear that Roberts sees the Supreme Court as “his Court”, and is concerned about the reputation of the Court long term, so one can be assured that if a case comes up against Trump trying to grab too much power, that he will, likely vote against him, as the entire Court, including three Nixon appointees, voted against him in US V. Nixon of 1974, and when the Court, including two Clinton appointees unanimously voted against Clinton in the Clinton V. Jones Case of 1997.

Presidents In Conflict With The Judiciary Are Nothing New Historically, But Trump Could Be The Biggest Threat Yet To Our Constitutional System

The conflict of President Donald Trump with the judiciary is not the first time there has been a challenge from a President to the judicial branch.

Thomas Jefferson and Andrew Jackson had regular conflict with Chief Justice John Marshall and the federal courts in the first third of the 19th century.

Abraham Lincoln had vehement disagreements with Chief Justice Roger Taney in the era of the Civil War.

Theodore Roosevelt and Woodrow Wilson both found the Supreme Court as standing in the way of progressive reform in the early 20th century.

Franklin D. Roosevelt was so frustrated by a conservative Supreme Court negating important legislation of the New Deal in the mid 1930s, that he proposed the idea of adding six new Justices to the Court in 1937. This came to be known as the “Court Packing” plan, and was soundly defeated, including by members of his own Democratic Party.

Richard Nixon had issues with the rulings of the Earl Warren Court before he was President, and the continued Warren influence on the Court under his successor, Warren Burger. And, Nixon was stopped dead in his tracks in US. V. Nixon in 1974, forcing him to hand over the Watergate Tapes to the Special Prosecutor, Leon Jaworski, leading him to resign the Presidency in August 1974.

Barack Obama was critical of the John Roberts Court on its conservative decisions early on in his Presidency in 2010.

And now, Donald Trump has unleashed what many consider the strongest challenge to the whole federal judiciary, alarming many constitutional experts as far more dangerous and threatening to the checks and balances of the Constitution and the separation of powers.

It is clear that Trump has declared war on the judiciary, but it could be that the Roberts Court will smack back at him when cases regarding his abuse of power make it to the Court, so Trump may be “hoist by hid own petard”, and regret the attacks he has made on the whole court system.

The Ultimate Outcome Of The Midterm Elections Of 2018: The Social Welfare, Social Justice State Is Permanent After 83 Years

The ultimate outcome of the Midterm Elections of 2018 is the success and institutionalization of the Social Welfare, Social Justice State, finally permanent after 83 years.

It all goes back to the New Deal of Franklin D. Roosevelt, and the passage of Social Security in 1935, bitterly fought by Republicans and conservatives of that era, and still argued about by such leaders as Barry Goldwater and Ronald Reagan over the next half century.

But in 1983, President Reagan and Democratic Speaker of the House Thomas “Tip” O’Neill negotiated a bipartisan deal to save Social Security, not destroy it as Reagan had wanted to do, and it is the fundamental part of the Social Safety Net.

In 1965, after years of opposition by Republicans and conservatives, Lyndon B. Johnson and his Great Society accomplished Medicare and Medicaid. It has continued to be attacked and condemned, but it has survived and is a great part of the Social Safety Net.

Then, in 2010, Barack Obama accomplished the Affordable Care Act or ObamaCare, with no cooperation from Republicans or conservatives, even though back in 1993, conservatives, with the support of Bob Dole and Newt Gingrich, came up with a very similar health care plan, in opposition to the Bill and Hillary Clinton health care plan, which ultimately failed of passage. Also, Mitt Romney in Massachusetts accomplished a very similar plan as ObamaCare, but ran against his own plan for the nation when he ran for President in 2012.

The Republicans continued to try to destroy ObamaCare ever since 2010, having 70 votes on it over the years, but Chief Justice Roberts and Senator John McCain in 2012 and 2017, respectively, backed continuation at crucial moments. Now, Senate Majority Leader Mitch McConnell has indicated that, clearly, ObamaCare is here to stay, so like Social Security, Medicare, and Medicaid, ObamaCare has survived and become a permanent part of the Social Safety Net.

The Democrats and progressives have accomplished these great pieces of legislation since 1935, and the goal has always been to improve the laws, as no one ever said they were perfect, but it is the Democrats, not the Republicans who have advocated and succeeded in accomplishing the Social Welfare, Social Justice state, and they should be very proud of the work they have done.

So FDR, LBJ, and Obama are the three most successful domestic policy Presidents, and not just in the areas mentioned in this article!

Chief Justice John Roberts To Become The New Balance On The Future Supreme Court?

Chief Justice John Roberts has been on the Court for 13 years now, and he is generally perceived as a conservative.

But he has surprised some conservatives, as when he kept ObamaCare (the Affordable Care Act) alive in 2012.

Also, Roberts has often stated by the doctrine of “Stare Decisis”–to stand by things decided”–although he has not been consistent on this over the years.

The odds of Roberts siding with the liberals on the Court for the image of the Court named after him as Chief Justice, is a thin measure of what kind of balance he might present on the future Supreme Court.

It seems likely that on balance, he will be “number 5”, in the middle, but that middle will be much farther to the Right than Anthony Kennedy or Sandra Day O’Connor represented.

But then again, Justices have surprised their Republican Presidents who appointed them, as with Earl Warren and William Brennan under Dwight D. Eisenhower; Harry Blackmun under Richard Nixon; John Paul Stevens under Gerald Ford; O’Connor and Kennedy under Ronald Reagan; and David Souter under George H. W. Bush.

The best estimate is that no one should count on John Roberts avoiding “his” Court from being regarded as the most right wing, conservative Court since the time of Warren G. Harding. Calvin Coolidge, and Herbert Hoover nine decades ago, before the Great Depression and New Deal began the transformation of constitutional law.

50 Years Of The Voting Rights Act, And Reluctance To Enforce It By Supreme Court And Many States Now A Sad Reality!

On August 6, it will be 50 years since the Voting Rights Act of 1965 was signed into law by President Lyndon B. Johnson, overcoming a near century of the denial of the right to vote to African Americans, despite the passage of the 15th Amendment in 1870.

The Southern states denied African Americans the right to vote through all kinds of methods for three quarters of a century, but finally it was a Southern President and many Congressional Republicans joining with Democrats that caused that denial of democracy to be overcome, finally.

And Presidents Richard Nixon, Gerald Ford, Ronald Reagan, George H. W. Bush, and George W. Bush, all Republicans, continued to endorse, promote, hail, and extend the provisions of the Voting Rights Act.

But then the Supreme Court majority under Chief Justice John Roberts weakened enforcement in a Supreme Court decision in 2013 (Shelby County, Alabama V. Holder), effectively giving license to states run by Republican governors and legislatures to pass new restrictions on voting, that would not only hurt African Americans, but also Hispanics, poor whites, the elderly, college students—all being required to make onerous efforts to meet the new restrictions on voting rights, when there was no earlier evidence of voting fraud.

This sad reality has pained John Lewis, Georgia Congressman, who was involved in the movement for voting rights in Alabama (the Selma-Montgomery March), and was seriously beaten, along with others who were killed, fighting peacefully for the basic right to vote.

So while we celebrate the 50th anniversary of this path breaking legislation, we have to hope that the Supreme Court will revisit what it has done by a 5-4 vote in the next term, with the hope that they will reconsider what they have done, based on the discrimination now being practiced in many states across the nation.

Gay Marriage Case Likely On Way To Supreme Court For Ruling One Year From Now!

The issue of gay marriage is likely on its way to the Supreme Court, and almost certainly will be decided a year from now, in the most blockbuster case of 2015!

The Tenth Circuit Court of Appeals has declared gay marriage to be a basic right, and that means marriages can move ahead in the near future in Utah, which brought the case, along with Colorado, Kansas, Oklahoma, Wyoming and New Mexico!

There is a temporary hold, but it is a major step forward, and insures, almost certainly, that the case will go to the Supreme Court this fall.

And it is ALMOST certain that we will have a Loving V. Virginia (interracial marriage) case result next year, allowing gay marriage everywhere in America, whether religious right wingers like it or not! One must realize that no church or other religious establishment would have to promote it, but civil marriage would move forward.

The belief is that there are four certain supporters of gay marriage on the Court—Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Additionally, Justice Anthony Kennedy was the one who decided the path breaking case of Lawrence V. Texas, which greatly expanded the gay rights movement in 2003!

And it is possible to believe that Chief Justice John Roberts could also add his vote, making the vote next June 6-3!

Historic Year For Supreme Court, With Eyes On Chief Justice John Roberts!

The new term of the Supreme Court will be an extremely crucial one, just months after Chief Justice John Roberts shocked the world by siding with the liberals, and backing the Affordable Care Act, known colloquially as “ObamaCare”!

The question that arises is will Roberts be continuing his tilt toward the center, or go back to the right wing view that he and the majority of Court have been following?

Crucial cases are coming up on such issues as affirmative action, the Voting Rights Act, and gay marriage, and the split could be 5-4, but with Roberts and or Justice Anthony Kennedy being the decisive vote on these hot issues.

And it reminds us about the odds of one to four new Supreme Court Justices in the next four years, and who will be selecting them, and how the Senate will be constituted after the elections, is going to be an issue that needs to be emphasized by President Obama in this last month of the campaign, as it is this precise matter which will have a greater effect on the future than anything else in domestic or foreign policy!

The Supreme Court, 2011-2012 Term: Likely To Be Momentous, Historic, Path Breaking!

The US Supreme Court begins its new term tomorrow with expectations of major decisions likely to be issued on the Obama Health Care Plan, illegal immigration laws, gay rights and gay marriage, and affirmative action, among other cases.

Rarely has a term opened with such potential major impact on the future of many hot button issues, expected to occur by June of 2012 at the latest!

What seems more likely than anything else is that Justice Anthony Kennedy, appointed by President Ronald Reagan in 1988, and with a reputation as a “swing vote” on the evenly divided Court, will be the decisive fifth vote on many cases!

To imagine that one man should have such great influence, more than the other eight, including the Chief Justice John Roberts, is an indication of how tenuous constitutional law is in the age of a Court dominated until recently by conservative appointments of Reagan and both Presidents Bush.

As always, the Court, while seemingly trying to avoid politics, in actual fact plays politics, and will have a decisive role in what happens in the Presidential Election of 2012.

And what many forget is that IF a Republican President is elected in 2012, the Court will be turned more hard Right than it is right now, and that will have a destructive, deleterious effect on constitutional law for at least a generation!

It is the most important impact of the Presidential election, something many ill informed voters do not recognize, but which has a long range effect on their lives!

Progressives will be on tenterhooks wondering if Justice Kennedy will side with the left side of the Court, or the right side of the Court. For the advancement of America, let’s hope he swings to the left on these important issues mentioned above!