Chief Justice John Roberts

1
Chief Justice John Roberts

• and the future of the U.S. Supreme Court

Friends of the Northern Illinois University
Libraries Speaker Series, DeKalb, IL, January 17,
2006. Artemus Ward Assistant Professor Department
of Political Science Northern Illinois University
2
Ideology and the Rehnquist Court (1986-2005)
Liberal Moderate Conservative L
--------------------------------------I-----------
--------------------------- R Brennan (D)
Stevens (R) OConnor (R) Rehnquist (R) Marshall
(D) Souter (R) Kennedy(R) Scalia
(R) Blackmun (R) Ginsburg (D) Thomas
(R) Breyer (D)
3
The Politics of Departure The OConnor and
Rehnquist Debacle

• Rehnquist knew he was dying but failed to
  communicate with OConnor about staying on the
  bench. When he failed to retire at the end of the
  term in June, she retired. Why? The rule of 8
  The justices work to ensure there is only one
  vacancy at a time (particularly over the summer)
  to keep the Court as an institution as strong as
  possible.

4
The Politics of Departure The OConnor and
Rehnquist Debacle

• Bush nominated Roberts to replace OConnor, fully
  expecting to elevate him to Chief Justice the
  following year or next when Rehnquist would step
  down. He would then fill Roberts seat (2 for 1).
• Rehnquists death hastened the Bush plan, Roberts
  was nominated for Chief and OConnor was forced
  to remain on the Court.

5
John Roberts, Jr. The Heir Apparent

• Editor, Harvard Law Review
• Law Clerk to Justice Rehnquist
• Legal positions in Regan and Bush I
  Administrations
• Private Practice at Hogan Hartson. Experienced
  Supreme Court Advocate
• Bush II appointed him Judge, U.S. Court of
  Appeals, DC Circuit (2003-2005).

6
Chief Justice John Roberts, Jr.

• Age 50youngest Chief since John Marshall, age
  45, 1801.
• First new member of the Court in over 11
  yearslongest stretch since 1823!
• Lower court opinions suggest a conservative
  judicial minimalist, deferential to executive
  authority.

7
Harriet Miers The Crony

• Selected for two reasons Gender and deferential
  to executive authority.
• Failed because organized evangelicals saw her as
  at best a judicial moderate.
• She was unable to demonstrate constitutional
  acumen and strong convictions.
• Nomination was hurting an increasingly weakened
  Bush Administration.

8
Samuel Alito, Jr. Old No.3 Club

• Editor, Yale Law Journal.
• Court of Appeals Law Clerk.
• Legal positions in Reagan Administration.
• Experienced Supreme Court Advocate as Asst.
  Solicitor General.
• Bush I appointed him Judge, U.S. Court of Appeals
  (1990-present).

9
Justice Alito

• Age 54
• Like Justice Kennedy and former Justice Blackmun,
  Alito is the latest member of the Old No.3
  Club.
• Lower Court decisions suggest a solid
  conservative.

10
Ideology and the Roberts Court (2005)
Liberal Moderate Conservative L
--------------------------------------I-----------
--------------------------- R Brennan (D)
Stevens (R) Roberts (R) Alito (R) Marshall (D)
Souter (R) Kennedy(R) Scalia
(R) Blackmun (R) Ginsburg (D) Thomas
(R) Breyer (D)
11
Conclusion

• The 2008 Presidential election will be decisive
  for the future of the Roberts Court with Justice
  Stevens (4/20/20) and possibly Justice Ginsburg
  (3/15/33) departing before the 2012 election.