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Chief Justice Extols Legacy of Sandra Day O’Connor
  + stars: | 2024-04-04 | by ( Zach Montague | ) www.nytimes.com   time to read: +1 min
Chief Justice John G. Roberts Jr. delivered a fond tribute to former Justice Sandra Day O’Connor on Thursday, celebrating her legacy as the first woman on the Supreme Court and her commitment to advancing civics and civility after her retirement. During an award ceremony at Duke University to recognize her contribution to civics education, Chief Justice Roberts reiterated his admiration of his former colleague, a crucial swing justice who was often referred to as the most powerful woman in America. He eulogized her in December shortly after her death at 93. “Sandra Day O’Connor expanded the public image of what it meant to look like a judge,” he said. The award was accepted by her son Scott O’Connor.
Persons: John G, Roberts Jr, Sandra Day O’Connor, Justice Roberts, “ Sandra Day O’Connor, , Anthony M, Kennedy, Scott O’Connor Organizations: Supreme, Duke University, Law Locations: America
Chief Justice John G. Roberts Jr. ruled on Monday that Peter Navarro, a trade adviser to Donald J. Trump during his presidency, must start serving a four-month sentence for contempt of Congress while he pursues an appeal. Mr. Navarro, who refused to comply with a subpoena seeking information about the Jan. 6, 2021, attack on the Capitol, must report to a federal prison in Miami on Tuesday, making him the first senior aide to Mr. Trump to serve time in connection with the plot to overturn the 2020 election. Chief Justice Roberts, acting on his own without referring the matter to the full Supreme Court, said he saw no reason to disagree with an appeals court’s determination that Mr. Navarro had not “met his burden to establish his entitlement to relief.”The chief justice added that his order applied only to the question of whether Mr. Navarro should remain free while he appealed and did not express a view on the appeal itself.
Persons: John G, Roberts Jr, Peter Navarro, Donald J, Trump, . Navarro, Justice Roberts, Navarro, , Locations: Miami
Not since the 2000 case of Bush v. Gore has the Supreme Court been in the middle of an election battle of such potential magnitude. Several of the justices’ spouses, including Jane Roberts, wife of the chief justice, sat in a special guest session. Roberts’ criticism of the Colorado Supreme Court decision barring Trump was echoed by his colleagues, even as they varied in their constitutional grounds. Just as Roberts can set the tone for oral arguments, the chief justice presides over their private votes on cases. As he strives for consensus, Roberts is likely to try to keep any separate, concurring opinions to a minimum.
Persons: CNN —, John Roberts, Donald Trump, Roberts, comity, Bush, Gore, Jane Roberts, Mark Paoletta, Clarence Thomas, Ginni, Trump, Jason Murray, , you’re, ” Murray, ” Roberts, United States …, Joe Biden, Jonathan Mitchell, , Brett Kavanaugh, Elena Kagan, Murray, ” Kagan Organizations: CNN, Republican, Democratic, Trump, Colorado Supreme, Colorado voters, United, Capitol, White, Liberal Locations: Colorado, United States, Wisconsin, Michigan
If the Supreme Court ultimately rules against Trump it would almost certainly end his campaign for another term. But because the court expedited the earlier stages of the Trump ballot case, it is likely the court will want to move quickly to decide the case, potentially within a matter of weeks. If Trump is removed from the ballot in Colorado, Roberts predicted that states would eventually attempt to knock other candidates out of future elections. Trump and his allies raised the case during their written arguments to the Supreme Court. “It’s by the chief justice of the United States a year after the 14th Amendment,” Kavanaugh said in a reference to Chase.
Persons: Donald Trump, John Roberts, , Trump, Bush, Gore, George W, Brett Kavanaugh, Trump’s eligibly, Roberts, “ It’ll, ” Roberts, , United States …, Kavanaugh, Griffin, Salmon Chase, ” Kavanaugh, Chase, CNN Jackson, Ketanji Brown Jackson, Joe Biden, , , ” Jackson, Elena Kagan, ” Kagan, – Jackson, Sonia Sotomayor, Kagan –, Jackson, didn’t, Jonathan Mitchell, ” Mitchell, Jason Murray, Jack Smith, Murray, Sharp, Kagan, “ It’s, Shannon Stevenson, Stevenson, Carlos Samour, could’ve Organizations: CNN, Trump, Capitol, United, Confederacy, Supreme, Union, Colorado, Colorado Supreme, Democratic Locations: Colorado, United States
Reversal of the so-called Chevron deference approach was a priority for the judicial selection team that served Trump – on par with some right-wing activists’ quest for reversal of constitutional abortion rights. The reconstituted Supreme Court delivered on that agenda item in 2022 when it overturned Roe v. Wade. Former White House counsel Don McGahn, who controlled Trump’s judicial selections, regularly touted the administration’s anti-regulation agenda. He was especially drawn to the first two Trump appointees, Neil Gorsuch and Brett Kavanaugh, for their records in that regard. In his written brief and during arguments, Martinez invoked an adage of Chief Justice Roberts from his 2005 confirmation hearings, that judges serve as umpires, just calling balls and strikes.
Persons: Donald Trump, who’ve, Roe, Wade, Don McGahn, Neil Gorsuch, Brett Kavanaugh, , ” McGahn, McGahn, Anne Gorsuch, Reagan, Gorsuch, , “ I’ve, Trump, Mitch McConnell, Leonard Leo, Biden, Roberts, John Roberts, ” Roberts, Roman Martinez, Martinez, , Magnuson, Elizabeth Prelogar, don’t, Prelogar, Elena Kagan, ” Kagan, there’s, ” Martinez, Paul Clement, Justice Roberts, Ketanji Brown Jackson, They’re, ” Kavanaugh, George W, Bush, ” Said Kavanaugh Organizations: CNN, Trump, White House, Chevron, Environmental Protection Agency, Republican, Federalist Society, Chevron USA, Inc, Natural Resources Defense, , “ Chevron, National Marine Fisheries Service, Stevens Conservation, Management, Congress Locations: lockstep, Chevron
“One of the themes we’ve heard from Chief Justice Roberts and others is essentially this message of: Just trust us. In recent months, Justices Elena Kagan and Amy Coney Barrett have publicly supported the adoption of an ethics code. The most glaring defect of the new code is its complete lack of any enforcement power. And yet the absence of any discipline or enforcement was the central flaw that led to calls for an ethics code in the first place. “A justice should not allow family, social, political, financial or other relationships to influence official conduct or judgment.” Well, sure.
Persons: we’ve, Justice Roberts, ” Alicia Bannon, Elena Kagan, Amy Coney Barrett, , bender, What’s, , Thomas, Alito Organizations: Brennan Center for Justice, Times
Colleges and universities across the country are scrambling to find legal means of maintaining the levels of diversity they would like to see. Though barred from actively using race as a factor, they will still “see” race in signifiers such as name, ZIP code and, perhaps most notable, what students say about themselves in their essays. “Nothing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration or otherwise,” he wrote. Brenzel is currently a trustee at Morehouse College, where he is helping its board work through how the ruling will affect admissions. These supplemental prompts represent a new kind of diversity essay question, replacing the old kind that relied on a previous Supreme Court ruling on affirmative action.
Persons: John Roberts’s, , Roberts, Jeff Brenzel, Brenzel, Biden, Matthew McGann, , ” McGann Organizations: Yale, Morehouse College, Amherst College, Black Student Union, Ivy League
Before he became a US appeals court judge in 2003 and a Supreme Court justice in 2005, he was a star appellate advocate at the high court. There may also be limits to the personal capital Roberts wants to put toward a dilemma that lies beyond the consideration of cases. Unlike with judicial pay, which naturally generated support among black-robed colleagues, the ethics issue has defied consensus in Roberts’ ranks. No provision in the Constitution gives them the authority to regulate the Supreme Court – period.”Last month in Portland, Oregon, Kagan also referred to internal differences. “It’s not a secret for me to say that we have been discussing it,” she said, referring to a formal set of ethics rules.
Persons: CNN —, John Roberts, Roberts, George W, Bush, ” Roberts, Clarence Thomas, Harlan Crow, Thomas, Crow, Thomas ’, Samuel Alito, , Brett Kavanaugh, Elena Kagan, , Roberts ’, Alito, Kagan, It’s Organizations: CNN, White House, , Dallas, Democratic, Senate, Republicans Locations: United States, Texas, Adirondacks, Savannah , Georgia, America, Washington , DC, Portland , Oregon
The justices have simply replaced Chevron’s rule of judicial deference with its polar opposite, a new rule that goes by the name of the major questions doctrine. But how to tell a major question from an ordinary one? The Heller decision in 2008 opened the Second Amendment door a crack, granting individuals the right to keep a handgun at home for self-defense. The question in the case is whether the Second Amendment allows the government to bar gun ownership by an individual under a restraining order for domestic violence. That the answer actually might be “no” — domestic violence wasn’t even a concept in the 18th century, when the Second Amendment was adopted — is too astonishing to contemplate.
Persons: Dobbs, Roe, Casey, Roberts’s, Thomas, , Neil Gorsuch, , Heller, Chafing, can’t, wasn’t, Organizations: Jackson, Health Organization, Wade, Chevron, Biden administration’s Locations: United States
Opinion | The John Roberts Two-Step
  + stars: | 2023-07-08 | by ( Jamelle Bouie | ) www.nytimes.com   time to read: +2 min
“Before Brown, schoolchildren were told where they could and could not go to school based on the color of their skin,” the chief justice wrote in Parents Involved. “Brown did not raise the issue of whether states could use race-conscious classifications to integrate schools,” wrote the legal scholar Joel K. Goldstein in a 2008 analysis and critique of Roberts’ opinion in Parents Involved. This, you might say, is the Roberts two-step. What’s left is the mark of racism, that is, race. A landmark case about the legitimacy of race hierarchy — Brown v. Board of Education — becomes, in Roberts’s hands, a case about the use of race in school placement.
Persons: Brown, Roberts, “ Brown, , Joel K, Goldstein, Roberts’s, , Karen, Barbara Fields, , What’s, — Brown, Education — Organizations: Fair, of Education, Education Locations: Brown, America
Democratic Sen. Dick Durbin slammed Chief Justice John Roberts for failing to impose stronger ethical requirements. Durbin, who chairs the powerful Judiciary Committee, vowed his panel will move forward on proposals. The Judiciary Committee, Durbin added, will continue with its previously announced plans to consider legislation that would impose greater ethical requirements on the high court after lawmakers return to Washington following their July 4th holiday recess. "The highest court in the land should not have the lowest ethical standards." Critics of the court seized on the reporting about ethical concerns also a way to further question its legitimacy.
Persons: Democratic Sen, Dick Durbin, John Roberts, Durbin, , Clarence Thomas, Samuel Alito, Roberts, Joe Biden's, Neil Gorsuch, ProPublica, Thomas, Harlan Crow, Crow, Alito, Paul Singer, Singer Organizations: Democratic, Committee, Service, Republicans, GOP Locations: Washington
Rep. Alexandria Ocasio-Cortez floated a possible subpoena for Chief Justice John Roberts. Roberts has declined to testify before the Senate about ethical issues surrounding the court. "And so I believe that ... if Chief John Roberts will not come before Congress for an investigation voluntarily, I believe that we should be considering subpoenas," Ocasio-Cortez told CNN's Dana Bash on "State of the Nation" on Sunday. "This SCOTUS' corruption undercuts its own legitimacy by putting its rulings up for sale," Ocasio-Cortez wrote on Twitter after the decision. While Republicans control the House, Ocasio-Cortez pointed out that Senate Democrats are investigating the numerous reports about unreported gifts to the justices through the powerful Senate Judiciary Committee.
Persons: Alexandria Ocasio, Cortez, John Roberts, Roberts, , CNN's Dana Bash, Samuel Alito's, Paul Singer, Singer, Alito, Dick Durbin's Organizations: Service, Privacy, Democratic Rep, New York Democrat, Biden, Manhattan Institute, . Nebraska, Twitter Locations: Alexandria, . Nebraska, Alaska, ., Ocasio, United States
Chief Justice John Roberts voted with the liberals on the Supreme Court in key cases this term. Hardline conservatives have soured on the chief justice for his opinions siding with the Court's liberal justices in recent years. "Roberts' is the one whose name will be attached to this — it is the Roberts Court. The Times found in this term, the chief justice voted less often with the conservative majority and voted with liberal Justice Elena Kagan 14% more than the last term. "And I think Roberts perhaps has more of a concern with that kind of perspective because he's in the Court's center chair, because his name is attached to it, because it's his legacy."
Persons: John Roberts, SCOTUS, Roberts, , Roberts —, George W, Bush, William Rehnquist —, Justin Crowe, Crowe, I'm, Clarence Thomas, Samuel Alito, hasn't, Elena Kagan Organizations: Service, GOP, Williams University, Washington Post, The New York Times, Times
Sotomayor and Thomas are both the likely beneficiaries of affirmative action. A student at Harvard University at a rally in support of keeping affirmative action policies outside the Supreme Court on October 31, 2022. A young boy at the University of California, Berkeley in 1995 as students and families protested to keep affirmative action policies. In a statement following the ruling, former president Barack Obama wrote, "Like any policy, affirmative action wasn't perfect. Roberts accused the colleges' affirmative action programs of "employ[ing] race in a negative manner" without any "meaningful end points."
Persons: Sotomayor, , Clarence Thomas, Thomas, Sonia Sotomayor, colorblindness, Colorblindness, Howard Schultz, Tomi Lahren, Plessy, Ferguson, John Marshall Harlan, Antonin Scalia, Justice Roberts, Harlan's, David Butow, Roberts, Barack Obama, Michelle, haven't, Evelyn Hockstein, Michelle Obama, Katherine Phillips, Phillips Organizations: Supreme, Service, Harvard University, University of North, Latina, Yale Law School, Starbucks, Washington Post, Getty, Black, Seattle School District, University of California, Harvard, UCLA, UC, REUTERS, Princeton, Scientific, Columbia Business Locations: Berkeley, University of North Carolina, California, Idaho
There’s an old saying in the legal profession: Bad facts make bad law. Sometimes, however, bad facts highlight the need for better law. On Thursday, the Supreme Court ruled that, in the case of college admissions, the bad facts of racial discrimination created the necessity of a new standard. The defendant, Harvard University, had repeatedly undermined its own case for race-conscious affirmative action, and the court’s new precedent outlaws racial discrimination in admissions while still preserving the state’s ability to respond to the legacy of past injustice. To understand why Harvard lost — and why race-based affirmative action in public colleges and federally-funded private schools is now unlawful — it’s necessary to understand two key facts about the case.
Persons: John Roberts, Justice Roberts, , Clarence Thomas Organizations: Harvard University, Harvard, University of North Locations: University of North Carolina
Justice Gorsuch blamed "bureaucrats" for race-identification sections of college applications. In his opinion, Gorsuch called the option to identify your race a "scheme of classifications." In his opinion concurring with SCOTUS Chief Justice John Roberts that affirmative action is unconstitutional, Gorsuch said the race-identification boxes on college applications — such as the Common Application — were created by government bureaucrats for data collection. Gorsuch's opinion aligned with Justice Roberts' majority opinion, as the Supreme Court ruled 6-3 to strike down affirmative action on Thursday. The court majority called the consideration of race in college admissions unconstitutional and discriminatory, effectively ending the practice.
Persons: Gorsuch, SCOTUS, , Neil Gorsuch, John Roberts, Justice Roberts Organizations: Service
The Supreme Court on Thursday struck down race-conscious admissions policies for most colleges and universities across the country in a pair of cases challenging affirmative action at Harvard and the University of North Carolina. In a sign of the complexity and politically charged nature of the issue, the majority opinion, written by Chief Justice John G. Roberts Jr., was accompanied by three concurring opinions and two dissenting ones. The vote was 6 to 3. Here are some excerpts:In his opinion, Chief Justice Roberts said giving Black and Latino applicants an edge over white and Asian applicants in the name of diversity violated the equal protection clause of the Constitution’s 14th Amendment.
Persons: John G, Roberts, Justice Roberts Organizations: Harvard, University of North Locations: University of North Carolina
Chief Justice Roberts' report revealed he rented out properties in Ireland and Maine. A report for Justice Elena Kagan revealed she rented out a parking spot in Washington, DC. Chief Justice John Roberts and Justice Elena Kagan both earned extra income by renting out properties — though the properties are vastly different. According to Roberts' report, shared online by SCOTUSblog, Roberts rented out cottages in Ireland's Limerick County and Maine's Knox County. Kagan, meanwhile, rented out a parking space at a building in Washington, DC, according to her report, also shared by SCOTUSblog.
Persons: Justice Roberts, Elena Kagan, , John Roberts, Roberts, Kagan, Justice Sonia Sotomayor, Sotomayor, Clarence Thomas, Samuel Alito, Thomas, Alito, Harlan Crow Organizations: Supreme, Service, SCOTUSblog, NPR Locations: Ireland, Maine, Washington ,, Ireland's Limerick County, Maine's Knox County, Washington , DC, New York
Opinion | John Roberts Throws a Curveball
  + stars: | 2023-06-08 | by ( Richard L. Hasen | ) www.nytimes.com   time to read: +2 min
It’s possible that he had a change of heart, but it’s more likely that his institutionalist side kicked in. But as recently as last year, when Alabama sought a stay before the 2022 elections of the lower-court ruling the court just affirmed, Chief Justice Roberts suggested rethinking or tinkering with those precedents even as he opposed the stay. Since Congress passed the Voting Rights Act in 1965 and amended it in 1982, the Supreme Court has repeatedly weighed in on its scope and meaning. By 2013, however, the court held that Congress no longer had the power to require federal preapproval of voting changes. In Shelby County, Chief Justice Roberts declared that “history did not end in 1965” and that considerable improvement in the South made continued federal oversight unconstitutional.
Persons: Milligan, Justice Roberts, Kavanaugh, Justice Kavanaugh Organizations: Alabama, Supreme, statehouses Locations: Shelby County
The Supreme Court’s surprising decision on Thursday to effectively reaffirm the remaining powers of the 1965 Voting Rights Act has halted, at least for the foreseeable future, the slide toward irrelevance of a landmark civil rights law that reshaped American politics. In 2013, Chief Justice John G. Roberts Jr. wrote an opinion that effectively gutted the heart of the act, a provision that gave the Justice Department a veto over changes in election procedures in states with histories of racial bias in elections. Two years ago, an opinion written by Justice Samuel Alito greatly weakened the law’s authority over polling rules that reduced the clout of minority voters. Supporters of the act expected the court to take an ax to the law’s chief remaining authority, over political maps, in the latest case, Allen v. Milligan — a suit charging that Alabama had drawn its seven congressional districts to illegally limit Black voters’ influence to a single House seat. Instead, Chief Justice Roberts, writing for the majority in a 5-to-4 ruling, reaffirmed the law’s authority over racially biased maps and the arcane structure of legal precedents and court tests that underpin it.
Persons: John G, Roberts, Samuel Alito, Allen, Milligan —, Justice Roberts Organizations: Justice Department, Alabama
Chief Justice John Roberts' wife's anti-abortion advocacy once helped bolster his judicial career. Details of Jane Roberts' work, though not new, are worth revisiting in the aftermath of Roe v. Wade's reversal. Supreme Court Chief Justice John Roberts and his wife Jane exit the funeral service for Antonin Scalia. Jane Roberts' advocacy and public political beliefs ultimately helped convince two conservative legal power players, Leonard Leo and Jay Sekulow, to publicly advocate for John Roberts' confirmation, according to the Times. Photo by Alex Wong/Getty ImagesAt the time of John Roberts' nomination, liberals feared he might pose a threat to Roe v. Wade.
The complaint was sent to the US judges' Committee on Financial Disclosure. For now, questions about Thomas's previously undisclosed financial dealings with Harlan Crow, a billionaire Texas real-estate developer, will fall to an obscure committee of sixteen federal judges — the Committee on Financial Disclosure. Koszczuk said the same letterhead was routinely sent to any member of the public who asked for a judge's financial disclosure report. When Ranjan wrote his article, a review of a Thomas biography, the controversies surrounding Thomas had nothing to do with his financial disclosures. Judges' financial disclosures are only updated annually, and until recently, it wasn't easy to get ahold of them.
Plus some Democrats on the panel, like Sen. Dick Blumenthal, want to go much further than Durbin in the Thomas probe – exposing divisions within the ranks. “I hope that Chief Justice Roberts reads his story this morning and understands something has to be done,” Durbin told CNN. “The reputation of the Supreme Court is at stake here. “The drip, drip, drip of these destructive disclosures is going to destroy the United States Supreme Court unless there is an effective proper investigation,” he said. “The court is responsible for their own guidelines in that regard,” Romney told CNN.
Supreme Court justices are under renewed scrutiny due to recently uncovered financial dealings. That's a question that the Romans asked over 2,000 years ago," Doron Kalir, a professor at Cleveland-Marshall College of Law and an expert in legal ethics, told Insider. But parties arguing before the Supreme Court cannot challenge justices for a lack of recusal like people can in lower courts. There is an official Code of Conduct for Federal Judges, but it applies to all federal judges except the Supreme Court justices, simply because that's what the Supreme Court decided, according to Kalir. "That's what the Supreme Court decided, and they're supreme," Kalir told Insider.
Jane Roberts was paid more than $10 million by a host of elite law firms, a whistleblower alleges. At least one of those firms argued a case before Chief Justice Roberts after paying his wife hundreds of thousands of dollars. And I realized that even the law firms who were Jane's clients had nowhere to go. Mark Jungers, another one of Jane Roberts' former colleagues, said that Jane was smart, talented, and good at her job. But whether that committee has the authority to discipline Thomas or any other Supreme Court Justice remains a matter of murky constitutional interpretation, to be ultimately decided by the Supreme Court itself.
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