Chief Justice John Roberts is navigating a tricky balance as he tries to maintain a conservative Supreme Court without veering into extremism. Recent cases on voting rights, affirmative action, and environmental protection highlight his efforts to preserve the court’s reputation while curbing the radical tendencies of his colleagues.
Roberts has consistently led the court to the right during his tenure, but he has also shown a willingness to defy expectations and side with liberals on certain issues. He played a crucial role in saving Obamacare twice and has occasionally voted in favor of gay rights and immigration.
Last year, Roberts appeared to be losing control of the court with the arrival of Amy Coney Barrett, who gave the Republican-appointed justices a majority without relying on Roberts’s vote. This shift in power empowered Clarence Thomas, the court’s longest-serving conservative.
The new conservative bloc wasted no time in flexing their muscles, overturning Roe vs. Wade, the landmark abortion rights case from 1973, despite Roberts’s objections. This decision sparked widespread protests and a backlash that contributed to Democrats’ strong performance in the 2022 midterm elections.
The court also faced scrutiny over revelations about the justices’ financial ties, particularly Thomas’s acceptance of gifts and support from conservative donor Harlan Crow. These controversies threatened to undermine the court’s credibility.
Despite predictions of a further rightward shift, the court’s recent decisions have only partly fulfilled liberal expectations. The court upheld the Biden administration’s immigration guidelines and a tribal rights law, surprising voting rights experts by rejecting an Alabama redistricting plan that disadvantaged black voters.
Additionally, the conservative bloc, along with Barrett, rejected a radical conservative theory that would have severely limited state court oversight of elections. This decision helps to curb potential election meddling by Republican-led state legislatures in 2024.
However, the court remains deeply conservative in many areas. It voted to limit the Environmental Protection Agency’s authority to regulate wetlands and ruled against affirmative action programs at Harvard and the University of North Carolina. These decisions drew strong criticism from liberals.
Roberts and Kavanaugh, however, are making efforts to maintain the court’s reputation as a fair decision-maker. Roberts’s opinion on affirmative action stopped short of banning all use of race in admissions, and Kavanaugh argued in a separate concurrence that the decision was consistent with previous rulings on affirmative action.
While these efforts may help shore up the court’s credibility, its politicization remains a contentious issue. A recent poll showed that a majority of Americans disapprove of the court’s job performance, with partisan divisions in views. The court’s position on abortion diverges significantly from public opinion, while there is greater agreement on affirmative action.
Overall, the recent decisions by the Supreme Court have challenged expectations and shown a willingness to defy political leanings. While some view the court as hopelessly politicized, these rulings demonstrate a nuanced and thoughtful approach to complex issues. However, whether these efforts are enough to maintain the court’s legitimacy remains uncertain.
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