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If this court is to come out of its predictable political mold on significant legal controversy in America, it will fall to the impenetrable 63-year-old Chief Justice, whose ideology now places him at the center of the seat. , between the four the Liberals and the four most reliable conservatives.
Yet, unlike Anthony Kennedy, who succeeded Kavanaugh, Roberts is not a centrist conservative, with a history of rallying to the left in narrowly contested social policy disputes, such as defending the right to abortion. Roberts' instinct, which was raised in Washington while serving republican administrations, has always rested on the right.
Nevertheless, Roberts has demonstrated his investment in the reputation of the court and his. President George W. Bush, appointed in 2005, hates public criticism that judges are politicians.
"We do not work as Democrats or Republicans," he said.
Roberts' way of answering questions about the legitimacy of the court and partisan tendencies surrounding Mr. Kavanaugh's appointment could influence the public's perception of the court for the next generation. In his new pivotal position, Roberts' decisions in cases will also have a considerable influence on law everywhere in America.
On the horizon, litigation is focused on political disputes, voting rights, environmental issues and other regulatory issues, as well as women's reproductive rights and health care.
Roberts has already voted with conservatives to lift the rules on campaign finance and to prevent civil rights groups from challenging state practices that undermine the right to vote. He is the author of the landmark 2013 decision, Shelby County v. Holder, who lifted a long-standing obligation that some states and cities with a history of electoral discrimination must seek federal government approval before instituting new electoral rules or new districts.
As Chief Justice, Roberts already had considerable influence. He chairs the pleadings and closed hearings of the judges where they vote on cases. When he is in the majority – as is often the case – he decides who will draft the notice for the court. As such, the Chief Justice has been dubbed "the first among his peers."
Now, on the basis of his antecedents, he would be in the center, but not as an ideological centrist. (Kavanaugh's antecedents at a Washington-based US court of appeal would place him further to the right, aligning more judges Samuel Alito or Neil Gorsuch.) Roberts would likely stay with his conservative brothers in most cases important, but it would have a new influence for revolutionary opinion or to determine which precedents were overthrown.
Roberts' statements and actions over the last 13 years suggest that he could be placed slightly to the left to stabilize the court and appease public reaction to the recent turmoil. He could take the lead to prevent his fellow judges from hearing arson cases quickly. And he could try to find a common ground, as he had done with his 2012 vote to maintain the constitutionality of the Affordable Care Act, the signing of President Barack Obama as a national achievement which has extended new insurance coverage to millions of Americans.
In the fight of Obamacare, Roberts was not without doubts and tensions with his colleagues as he headed for the crucial vote, joining the four liberals of the court, in order to defend the pivot of the law – the term of individual insurance – as a tax.
Perhaps his Liberal colleague Kagan, who has spent years working with Roberts over the years, may have thought of him when she spoke Friday about the need for "intermediate" justice – and of the manner in which Judges Kennedy and Sandra Day O. Connor (who served from 1981 to 2006) had fulfilled this role.
On the right side of Roberts, with judges Kavanaugh, 53, Alito, 68, and Gorsuch, 51, Clarence Thomas, 70. On his left, Judges Ruth Bader Ginsburg, 85, Stephen Breyer, 80, Sonia Sotomayor, 64, and Elena Kagan, 58.
The Partisan Battle of Kavanaugh
Roberts did not speak publicly about Kavanaugh's appointment. But he often criticizes the polarized confirmation process and never misses the opportunity to say that the tribunal is not a political institution.
Trump's first nomination, Neil Gorsuch, was confirmed in 2017 after Senate Republicans refused to respond to President Barack Obama's choice of Judge Merrick Garland. During the turmoil, Roberts said the court of only eight judges simply continued to do his job.
"Throughout this process, the Supreme Court has quietly tried to settle the cases before it, in accordance with the Constitution, in a totally non-partisan manner. (…) In judicial matters, we do not not our work in a partisan, ideological way, "Roberts said in April 2017.
Today, these battles are eclipsed by this post-Kavanaugh moment. As Roberts read the constitutional oath to Kavanaugh on Saturday night, while their wives and other judges and guests were gathered in the judges' private boardroom, protesters invaded the outside of the building at the columns of marble. Many shouted, "Hey hey, ho ho, Kavanaugh has to leave."
"I was very emotional last Thursday, more than I have ever been, I might have been too emotional sometimes.I know my tone was sharp and I said some things I should not have said, "he wrote.
Kavanaugh was confirmed 50-48 on Saturday, with only one Democrat voting yes. On Monday night, Trump will hold a swearing-in ceremony for Kavanaugh at the White House.
Trump, it turns out, was one of Roberts' most severe critics when the Chief Justice joined the four Liberals in the Obamacare case.
Several years after his candidacy for the presidency and his current vow to appoint judges to his conservative image, Trump criticized Roberts in a series of tweets after the Obamacare decision of June 28, 2012.
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