Chief Justice John Roberts defends Supreme Court legitimacy

Roberts didn’t directly address the protest, saying that all of the court’s opinions are open to criticism, but that “just because people don’t agree with them is no reason to doubt the court’s legitimacy.” It pointed out.

Roberts addressed an audience of judges attending the 10th Circuit Conference of Judges in Colorado Springs, Colorado, after the metal barricades that had been erected around the building have now been removed. Noting that, the judge announced to start back on the bench. In the new semester next month, the general public will finally be able to participate directly in the debate again.

Judge Neil Gorsuch, who oversees the 10th Circuit and spoke Thursday, sat in the front row for the Chief Justice’s remarks.

Roberts admitted that the last year has been “difficult in many ways” and he and his colleagues are working to get through it.

“I think the best way to respond is to move on from the misfortune,” he said.

He also praised his new colleague Justice ketanji brown jacksonand announced that she would receive her formal ordination on September 30. “She will do great justice,” he said.

Less than a month into his new term, Secretary Roberts has witnessed a series of turbulent decisions that have created a series of serious conflicts between the courts and the country, unprecedented leaks of draft opinions, and heightened tensions in the United States. A glimpse into the story. A court run by an aggressive conservative majority.

The new term kicks off Oct. 3 in the shadow of the midterm elections, and judges will consider deeply dividing issues such as affirmative action, voting rights, environmental regulations, immigration and religious freedom.

At oral arguments and meetings, Roberts will carefully navigate a courtroom of six Republicans and three Democrats, including Jackson, who was sworn in on June 30, trying to set the tone for the proceedings.

Roberts is complicated by the fact that he now has five right-wing judges who have shown a tendency to reject gradualism in favor of sweeping opinions that at times overturn precedent. It might be called the “Roberts Court,” but the Chief Justice gets only his one vote and can be particularly sensitive to institutional issues.

Gregory G. Galle, an attorney at Latham & Watkins, who served as Attorney General in the George W. I will try,” he said.

Roberts has previously joked about the limitations of his role.

Roberts said in 2016, “I learned early on that when you’re holding the reins of leadership, you need to be careful not to pull too much. New England law.”

Affirmative action and voting rights

Last semester, Roberts’ conservative colleagues left him behind in the historic abortion case, Dobbs v. Jackson.

Roberts, who would have allowed abortion access to be limited to 15 weeks after conception in order to bring into force a controversial Mississippi law, made a breakthrough that has been in the books for almost 50 years. “I would take a more prudent course,” the chief wrote, in perhaps the most important case the court decided during his tenure. , no other judge joined him.

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“As Dobbs’ ruling underscored last term, being just one of the six judges who make up the conservative majority, the chief can no longer control the outcome or the breadth of decisions.

But this tenure could create a different narrative, as Roberts is likely to join fellow conservatives as judges consider two areas: affirmative action and voting rights. In past instances, Roberts has made it clear that he is skeptical of racial preferences and has voted to narrow his voting rights.

“In previous cases, the chief himself has led conservative judges to push back against the use of race in this context,” said Galle. It may lead him to seek a judgment that at least falls short of overturning precedent in this field.”

The affirmative action case will hear on Oct. 31 as judges consider the use of race as a factor in college admissions at Harvard and the University of North Carolina. (Jackson does not participate in the Harvard case.)

In 2016, when a court upheld the University of Texas’ race-conscious admissions program, Roberts took issue.

Additionally, in a 2007 lawsuit in which Roberts was the majority, courts voided race-based public school quota programs in Seattle and Louisville.

“For schools that have never segregated on the basis of race, such as Seattle, or that have removed the vestiges of past segregation, such as Jefferson County, a system that determines admission to public schools on the basis of non-race should be considered. The way to make it happen is to stop assigning students based on race,” Roberts wrote. “The way to stop discrimination based on race is to stop discrimination based on race.”

In 2014, the Court supported Michigan’s ballot initiative to ban race-based preferences as part of state college admissions procedures. Judge Sonia Sotomayor wrote a provocative dissenting opinion, blatantly repeating some of Roberts’ own words in the 2007 case. Roberts replied.

“The dissent says, ‘The way to stop discrimination based on race is to speak openly and openly about race issues,’ and it urges:[r]For the disrespect, snickers, and silent judgments that reinforce the most helpless thoughts of ‘I don’t belong here,’ Ace is important,” Roberts wrote.

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“However, it is not ‘out of touch with reality’ to conclude that racial preferences themselves may have a weakening effect that precisely reinforces that suspicion, and if so , preferences do more harm than good. The costs and benefits of racial preferences are not to “give up hope rather than face” racial inequality. You can disagree, but likewise, questioning the openness and candor of people on either side does more harm than good. ”

voting rights

The Court will also examine the scope of Section 2 of the historic Voting Rights Act. The law prohibits regulations that result in denial or reduction of voting rights on the basis of race. The law has become the primary tool for prohibiting discrimination in voting.

At issue is a lower court opinion that invalidated a map of the Alabama legislature for possible violations of law. A lower court ordered the election of another black majority district. But he said in February, the 5-4 Supreme Court, at the state’s request, frozen that ruling, allowing the current map for now and agreeing to hear the controversy later this term.

Roberts challenged the liberal side, arguing that a majority would be wrong to freeze lower court decisions. Applied appropriately, there was no apparent error in our correction. He added that the court thought that oral arguments should be held.

Voting rights advocates are straining, as in 2013 Roberts effectively nullified another section of the law that required states with a history of discrimination to obtain federal approval before changing election laws. I am aware of the fact that I wrote an opinion that

“Things have changed in the South,” Roberts said at the time.

At the time, Justice Ruth Bader Ginsburg wrote a dissenting opinion, criticizing the court’s decision as “throwing down an umbrella in a rainstorm just because it doesn’t get wet.”

Both disputes and a series of other disputes are likely to arise as court approval ratings are at an all-time low and some opinions from previous terms have placed judges at the center of the political debate. prize. Additionally, the court is still working behind the scenes with an investigation into Dobbs’ draft leaks. showed tension.


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