Greenhouse Effect Strikes Again?

July 7th, 2012

Love this story about how Chief Justice Roberts initially voted with the conservative majority to overturn the individual mandate, if not the entire ACA, but that he eventually changed his vote, siding with the liberal Justices to uphold the core of the law.

This was insult to injury for seething Republicans, already smarting from the decision itself, to know that they came so close to victory, but couldn’t seal the deal. For many Republicans, this was another in a series of disapointments, going back to the Reagan-Bush Era when Republicans expected Supreme Courts packed with their appointees to consistently vote to enact the conservative agenda.

Republicans have dubbed the tendency of Republican appointed Justices to shift their opinions to the left as they spent more years on the bench, ”The Greenhouse Effect” named for Supreme Court Reporter Linda Greenhouse, but a shift to the Left for Justice Roberts seems very unlikely. In fact, this decision is in keeping with the promises Justice Roberts made during his confirmation hearing when he said that a Judge’s role was to be a neutral umpire, calling balls and strikes, applying the rules, not creating them, as well as his focus on the legitimacy of the Court throughout history.

Despite the Republican rage, we should be under no illusions that Justice Roberts is undergoing some sort of leftward drift. After all, this is the activist court that brought us Citizens United as well as many other cases that are fundamentally re-writing the rules to benefit the powerful at the expense of those without. In the days before the Supreme Court Arguments in this case, I linked to an article by Dahlia Lithwick in which she argued that Chief Roberts would write an opinion upholding the ACA

And then—having been hailed as the John Marshall of the 21st century—he will proceed to oversee two (decades) during which the remainder of the Warren Court revolution will be sent through the wood chipper.

Unfortunately, I suspect that we will look back at history in 20 years and see that she was exactly right.

Tags: , , ,

Comments are closed.