In an extremely rare inside look at the Supreme Court, which tends to keep secret the interactions of its members, there are strong indications that the decision of Chief Justice John Roberts to side with the liberals on the Court and uphold “ObamaCare” may have caused what might be a permanent rift on the Court between Roberts and Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito.
No one is likely to ever confirm such a rift explicitly, but it will be very interesting to observe the body language of the Court in oral arguments, decision announcement days, and other public meetings where the members of the Court will be together in public places.
One could wish that he or she was a “fly on the wall” figuratively, to see what has really gone on, and will occur, in the future.
The situation could transform the Court IF Roberts continues to side with the liberals, but few expect that to happen. But the old warmth and respect for each other that the Court is famous for in most of its past may be done, nevertheless.
It also makes one wonder, particularly IF Roberts continues the course he is on at the moment, whether it will convince Antonin Scalia to quit the Court, at age 76 and counting, and may be determined by who is elected President in November.
It is hard to imagine Scalia leaving, or even Associate Justice Anthony Kennedy, if Barack Obama is elected to a second term, but if Romney is elected, it is conceivable that both might leave sooner rather than later, if either or both feel uncomfortable working with Roberts in the future.
One can forget about Clarence Thomas or Samuel Alito leaving, however, as neither would plan to leave anytime soon!