Friday, June 28, 2013

The Termite


That would be the Dread Chief Justice Roberts whose training over the years has been to eat away at the framework of American justice, bit by bit over the years until he can easily push it over from the rot he has created.
Chief Justice Roberts has proved adept at persuading the court’s more liberal justices to join compromise opinions, allowing him to cite their concessions years later as the basis for closely divided and deeply polarizing conservative victories.

His patient and methodical approach has allowed him to establish a robustly conservative record while ranking second only to Justice Anthony Kennedy as the justice most frequently in the majority.

“This court takes the long view,” said Kannon K. Shanmugam, a lawyer with Williams & Connolly in Washington. “It proceeds in incremental steps.”

On Tuesday, when the court struck down a part of the Voting Rights Act, Chief Justice Roberts harvested seeds he had planted four years before. In his 2009 opinion, writing for eight justices, he allowed the Voting Rights Act to stand. But the price he exacted from the court’s liberal wing was language quoted in Tuesday’s decision that seems likely to ensure the demise of the law’s centerpiece, Section 5, which requires federal oversight of states with a history of discrimination.

The chief justice helped plant new seeds on Monday, when seven justices, including two liberals, agreed to sign an opinion that over time could restrict race-conscious admissions plans at colleges and universities. Only the senior member of the court’s liberal wing, Justice Ruth Bader Ginsburg, filed a dissent.

Last year, in the second-biggest surprise of his decision upholding President Obama’s health care law, Chief Justice Roberts persuaded two liberal justices to join the part of his opinion allowing states to opt out of the law’s expansion of Medicaid. That ruling has added significant complications to the rollout of the law.

Only the justices know their motives and arrangements, but there is a pattern here. The price of victory today for liberals in the Roberts court can be pain tomorrow.
The Chief Justice and all the Associate Justices are supposed to have the Constitution as the central point of their opinions. The idea of a long term political agenda should not occur to them. But it has to one of them.

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