The chief stands alone: Roberts, Roe and a divided Supreme Court

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On a U.S. Supreme Court dominated by an ambitious conservative wing, Chief Justice John Roberts has become a man on an island.

The 67-year-old chief justice, appointed in 2005 by Republican President George W. Bush, is a conservative trying to chart an incremental course for a court that would rather take giant leaps.

On abortion, Roberts “wasn’t able to control the direction of the court,” said David Gans, a civil rights lawyer at the progressive Constitutional Accountability Center. “There is huge daylight between his position and the majority’s position.” “Both the court’s opinion and the dissent display a relentless freedom from doubt on the legal issue that I cannot share,” Roberts wrote. “I am not sure, for example, that a ban on terminating a pregnancy from the moment of conception must be treated the same under the Constitution as a ban after fifteen weeks.”Roberts’s waning influence has coincided with dramatic changes in the composition of the court.

The conservative justices have also exercised their influence by increasingly granting emergency requests, which critics have called the “shadow docket.” Liberal advocates adopted the term to criticize high court decisions that happen without full-scale briefing and arguments. Before the court’s composition changed, Roberts could more easily exert his influence. In 2012, he sided with liberal justices to become the deciding vote in upholding the Affordable Care Act, a signature accomplishment for then-President Barack Obama.

 

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