The Mercury News

Roberts steers justices through turbulent waters

- By Mark Sherman and Jessica Gresko

WASHINGTON >> Just hours after Chief Justice John Roberts handed Republican­s a huge victory that protects even the most extreme partisan electoral districts from federal court challenge, critics blasted him as worthy of being impeached, a politician who should run for office and a traitor.

But the attacks came from President Donald Trump’s allies, and their anger was directed not at the Supreme Court’s partisan gerrymande­ring ruling but at the day’s other big decision to keep a citizenshi­p question off the 2020 census, at least for now. Trump tweeted from Japan that the census citizenshi­p decision was “ridiculous.”

What good is a high court conservati­ve majority fortified by two Trump appointees, the critics seemed to be saying, if Roberts is not prepared to use it?

That’s not how Roberts would characteri­ze the court he now leads in name and as the justice closest to the center of a group otherwise divided between conservati­ves and liberals. He has talked repeatedly about the need to counter perception­s that the justices are just politician­s in black robes, beholden to the president who appointed them.

The flurry of action came at the end of a Supreme Court term in which the court welcomed a new justice, Brett Kavanaugh, who narrowly survived the most tumultuous confirmati­on hearings in nearly 30 years. The justices now begin a three-month summer recess.

The court seem determined to maintain as low a profile as possible once Kavanaugh joined the bench in early October, finding a variety of ways to keep hot-button topics like abortion, guns, immigratio­n and gay rights, that might divide conservati­ves from liberals, off the term’s calendar.

“This tactic may have been an effort to keep things relatively quiet” following the Kavanaugh nomination, said Josh Blackman, a law professor at the South Texas College of Law in Houston.

But one result of putting off some major decisions in Kavanaugh’s first term is a docket crammed with guns, immigratio­n, gay rights and probably abortion in a session that begins in the fall and will come to a head in June 2020, amid the presidenti­al election campaign.

So far there is only a partial answer to the big question of how far and fast the court will move to the right now that the more conservati­ve Roberts had taken the place of Justice Anthony Kennedy, who retired last year, as the swing justice.

In the case of partisan gerrymande­ring, Roberts closed the federal courthouse door to lawsuits, a decision that mainly benefits Republican­s whose districtin­g plans had been challenged in several states. On the death penalty, the five conservati­ves appear much less willing to entertain calls for last-minute reprieves from execution. And in two cases the court divided along ideologica­l lines in overturnin­g precedents that had been on the books for more than 30 years.

But Roberts was unwilling to join the conservati­ves to allow the citizenshi­p question to proceed, although it is not yet clear whether the administra­tion will continue pressing the legal case for the question. The reaction to the census ruling was swift. Former Trump aide Sebastian Gorka called Roberts “a traitor to Constituti­on.” American Conservati­ve Union President Matt Schlapp called for Roberts’ impeachmen­t.

The chief justice also declined to be the fifth conservati­ve vote to overturn two past high court decisions about the power of federal agencies, and joined the liberals in ruling for an Alabama death row inmate who suffers from dementia. In emergency appeals, Roberts was the fifth vote to keep Trump from requiring asylum seekers to enter the country at establishe­d checkpoint­s and the fifth vote to prevent Louisiana abortion clinic regulation­s from taking effect.

Newspapers in English

Newspapers from United States