Wednesday, September 28, 2022

Is John Roberts A Republican

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District Of Columbia Court Of Appeals

John Roberts is the new Supreme Court swing vote, Toobin says

Roberts was first nominated by President George H.W. Bush to serve on the U.S. Court of Appeals for the District of Columbia Circuit in 1992. His nomination was never taken up for a vote, and he returned to private practice after President Bush lost the 1992 presidential election to President Bill Clinton .

In May 2001, Roberts received an appointment to the U.S. Court of Appeals for the District of Columbia Circuit by President George W. Bush . Senator Patrick Leahy , then chairman of the Senate Judiciary Committee, did not hold a confirmation hearing for Roberts.

President Bush renominated Roberts in January 2003, after Republicans gained a majority in the U.S. Senate. Roberts was unanimously confirmed on May 8, 2003.

During his two years on the bench, Roberts authored 49 opinions, two of which elicited dissents from other judges. Roberts also authored three dissenting opinions. Roberts left the court to join the Supreme Court of the United States.


Despite His Conservative Views He Has Been Known To Cross Party Lines

GettyWASHINGTON JANUARY 20: Barack H. Obama shakes the hand of Chief Justice John Roberts after his swearing in as the 44th president of the United Statesas on the West Front of the Capitol as his wife Michelle looks on January 20, 2009 in Washington, DC. Obama becomes the first African-American to be elected to the office of President in the history of the United States.

His rulings show that he often defers to executive authority and military authority, The Atlantic reported. Hes conservative on reproduction questions, and tends to not be supportive of regulating the economy or of government-run health care. In 2012, he agreed that the individual mandate of Obamacare was unconstitutional. But he also joined liberals in deciding that mandate was allowable as part of Congress taxing power, it just wasnt constitutional as an extension of the commerce power. So, at times, he can bring differing opinions together and he has been known to cross party lines.

Appointment To Supreme Court

On July 19, 2005, President Bush nominated Roberts to the U.S. Supreme Court to fill a vacancy to be created by the impending retirement of justice Sandra Day O’Connor. Roberts’s nomination was the first Supreme Court nomination since Stephen Breyer in 1994.

On September 3, 2005, while Roberts’s confirmation was pending before the Senate, chief justice William H. Rehnquist died. Two days later, Bush withdrew Roberts’s nomination as O’Connor’s successor and announced Roberts’s new nomination as chief justice.

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Degrees In Australia New Zealand Nepal And South Africa

In colleges and universities in Australia, New Zealand, Nepal, and South Africa, the BA degree can be taken over three years of full-time study. Students must pursue at least one area of study and units from that subject are usually studied in each year, though sometimes students may choose to complete upper-level classes in the same year and as a result, can leave space for elective subjects from a different field. At some universities, students may choose to pursue a second major alternatively, the remainder of the degree is taken up with a minor area of study and other individual or stream-based subjects. Honours is an additional year of study after the BA degree, that combines aspects of undergraduate study with those of postgraduate research. Entry to the honours program is usually highly selective.

How Has John Roberts Ruled

Justice John Roberts Now More Popular Among Democrats Than Republicans ...

John Roberts tends to rule with the courts conservatives. But he mixes it up more than some of the other justices. According to the Harvard Law Review, Roberts sided with liberal Associate JusticeStephen Breyer 66% of the time in the 2020 term, compared with 65% of the time with conservative Associate Justice Clarence Thomas.

Notably, Roberts did not side with the Supreme Court’s five other conservatives in overturning Roe v. Wade in June. He instead voted to uphold the Mississippi law passed in 2018, banning nearly all abortions after the 15th week of pregnancy.

Previously, he partially dissented from a major decision in December 2020 that allowed Texas’ controversial ban on abortion after six weeks to stand.

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Why Chief Justice Roberts Should Retire

Ira C. LupuF. Elwood and Eleanor Davis Professor Emeritus of Law, George Washington University Law School

At this moment of national focus on Supreme Court personnel, President Bidens nomination of a successor to Justice Breyer should not be our only concern. Chief Justice John Roberts has served under four Presidents, over a period of 17 years, close to the term sometimes suggested as a limit of service. For the good of the country and the Court, he should retire, effective in June 2022.

As Chief Justice, Roberts gets to assign the opinion, but only when he votes with the majority. When Amy Coney Barrett replaced the late Justice Ginsburg in October, 2020, Roberts lost control of the majority of the Court. Prior to that time, the Court had been split 5-4 between Republican and Democratic appointees. Roberts could effectively exercise control both by voting with the majority, and shaping its opinion. Those moves typically led him to side with the other Republicans, but he sometimes attracted votes from the Democrats, frequently by finding moderate grounds of decision. And in the crucial decision upholding the Affordable Care Act, Roberts famously joined only with the four Democrats.

Roberts = Kavanaugh = Alito = Thomas = Scalia

Chief Justice Roberts joined the Supreme Court in 2005 after the death of the late Chief Justice Rehnquist. Since that time, he has voted in total of 241 5-4 split decisions. In 175 of such cases, Justices Scalia, Thomas, and Alito also participated. This conservative coalition voted with Roberts in more cases than any other set of justices. In 5-4 decisions, these four justices votedtogether either in the Courts majority or dissent 75% of the time.* By comparison, Justices Roberts, Ginsburg, Breyer, and Sotomayor have voted in 158 5-4 decisions together since Sotomayor joined the Court in 2009. These justices were on the same side of such decisions just 8% of the time.

*Figures do not add up to 100% because there are several permutations of justices in 5-4 decisions.


While Robertss decisions in these two cases have been widely praised for their centrism and have sustained his reputation as a moderate, observers have ignored the partisan implications of these two supposedly middle-of-the-road rulings. To the extent that the two decisions can be characterized, in part, as moderate, both transformed clear-cut constitutional and legal questions into opportunities for narrow rulings with partisan practical and doctrinal implications. They appear to be centrist only in the context of the radicalism of the rest of Robertss voting record and that of his conservative colleagues

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Early Life And Education

John Glover Roberts Jr. was born on January 27, 1955, in Buffalo, New York, the son of Rosemary and John Glover “Jack” Roberts Sr. . His father had Irish and Welsh ancestry, and his mother was a descendant of Slovak immigrants from Szepes, Hungary. He has an elder sister, Kathy, and two younger sisters, Peggy and Barbara. Roberts spent his early childhood years in Hamburg, New York, where his father worked as an electrical engineer for the Bethlehem Steel Corporation at its large factory in Lackawanna.

In 1965, ten-year-old Roberts and his family moved to Long Beach, Indiana, where his father became manager of a new steel plant in nearby Burns Harbor. Roberts attended La Lumiere School, a small but affluent and academically rigorous Catholic boarding school in La Porte, Indiana, where he was captain of the schools football team despite his mediocre performance and was a regional champion in wrestling. He also participated in choir and drama, and co-edited the school newspaper. He graduated first in his class in 1973.

Roberts had originally planned to pursue a Ph.D. in history but ultimately decided to attend Harvard Law School instead. He became managing editor of the Harvard Law Review and graduated in 1979 with a J.D..


Neil Gorsuch Is Neither Republican Nor Democrat Says Chief Justice Roberts

How Chief Justice John Roberts Gutted The Voting Rights Act | MSNBC

Legal Affairs Reporter, HuffPost

The day after the swearing-in of Justice Neil Gorsuch, Chief Justice John Roberts sounded off, in judicious terms, about the bitter partisan battle over President Donald Trumps Supreme Court nominee.

Speaking at New Yorks Rensselaer Polytechnic Institute on Tuesday, the leader of the Supreme Court said theres a real danger that the political animosity that characterized the nomination process will infect the publics perception of how the court goes about its daily work.

It is very difficult, I think, for a member of the public to look at what goes on in the confirmation hearings these days, which is a very sharp conflict in political terms between Democrats and Republicans, and not think that the person who comes out of that process must similarly share that same sort of partisan view of public issues and public life, Roberts said.

Thats not how Gorsuch should be perceived, he said. The new justice is not a Republican and not a Democrat. He is a member of the Supreme Court. But its hard for people to understand when they see the process that leads up to it, said Roberts.


Rensselaer posted a video of Roberts remarks on YouTube.

The chief justice said all that political wrangling should be seen as separate from Gorsuchs work on the court, which began in earnest this week. The new justice is expected to sit for his first set of Supreme Court oral arguments next Monday.

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Major Common Law Approaches

The English legal system is the root of the systems of other common-law countries, such as the United States. Originally, common lawyers in England were trained exclusively in the Inns of Court. Even though it took nearly 150 years since common law education began with Blackstone at Oxford for university education to be part of legal training in England and Wales, the LL.B. eventually became the degree usually taken before becoming a lawyer. In England and Wales the LL.B. is an undergraduate scholarly program and although it fulfills the academic requirements for becoming a lawyer, further vocational and professional training as either a barrister or as a solicitor is required before becoming licensed in that jurisdiction. The qualifying law degree in most English universities is the LLB although in some, including Oxford and Cambridge, it is the BA in law. Both of these can be taken with “senior status” in two years by those already holding an undergraduate degree in another discipline. A few universities offer “exempting” degrees, usually denominated Master in Law , that combine the qualifying law degree with the legal practice course or the bar professional training course in a four-year, undergraduate-entry program.

Harvard College And Law School

Roberts attended Harvard for both his undergraduate and law degrees. He received his undergraduate degree from Harvard College in 1976. He wrote his thesis on British liberalism in the early 20th century and graduated . He received his J.D. from Harvard Law School in 1979. At Harvard Law School, he served as managing editor of the Harvard Law Review and graduated .


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The Evolution Of Chief Justice John Roberts

The two most influential liberal Justices of the U.S. Supreme CourtChief Justice Earl Warren and Justice William Brennanwere Republicans appointed by President Dwight D. Eisenhower, who reportedly called them his two worst mistakes. The story of Ikes statement may be apocryphal, but the phenomenon of Republican appointees disappointing their erstwhile sponsors is real. Nixon appointee Harry Blackmun, Fords John Paul Stevens, Reagans Sandra Day OConnor and Anthony Kennedy, and George H.W. Bushs David Souter all proved less reliably conservative than advertised.

Then the phenomenon apparently stopped. Shortly after his 1991 confirmation, Justice Clarence Thomas famously quipped I aint evolving. He wasnt and he hasnt. With one exception, neither have any of the Justices appointed by Republican Presidents in the years since. Why not?

I was right about Alito but wrong about Roberts.

To be sure, no one would mistake John Roberts for a liberal. He joined the leading decisions finding gun rights in the Constitution, dissented from the Courts decision establishing marriage equality, wrote the Courts opinion rejecting judicial review of political gerrymandering, and has, more broadly, steered the Court in roughly the same direction as his conservative predecessor, Chief Justice William Rehnquist .


How Long Has John Roberts Been Chief Justice

Supreme Court: Justice John Roberts Conservatism and Obamacare

Roberts has served as chief justice since September 2005. Before Roberts became chief justice he served on the U.S. Court of Appeals for the D.C. Circuit, widely considered the second-most important court in the nation. Bush nominated Roberts to the appeals court in 2001 and the Senate confirmed him in 2003.

Roberts spent the 1980s working in President Ronald Reagan’s administration, serving in the White House counsel’s office before moving to the Department of Justice and becoming the principal deputy solicitor general. After his time at DOJ, Roberts worked in private practice until Bush tapped him for the appeals court.

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He Wasnt Afraid To Contradict Trump But He Also Backed Trump Too

Getty Chief Justice John Roberts walks with his wife Jane Roberts and their children Jack Roberts and Josie Roberts at the Supreme Court after he took the Supreme Court bench for the first time October 3, 2005 in Washington, DC. Roberts replaced William H. Rehnquist as the new Chief Justice.

John Roberts hasnt been afraid to contradict Trump when he felt that it was required. The Atlantic reported that at one point, in response to Trump saying that a decision by Judge Jon S. Tigar wasnt law because he was an Obama judge, Roberts said: We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.


However, hes also backed Trump on some controversial things. In 2018, he upheld a so-called anti-Muslim travel ban. You can read his opinion here.

United Kingdom And Ireland

In the United Kingdom and Ireland, the first degree course normally lasts three years, but nomenclature varies: 19th-century and later universities usually distinguish between arts and sciences subjects by awarding either a BA or BSc degree. However, some older or , such as , and traditionally award BAs to undergraduates having completed the final examinations, e.g., Part II , Final Honour Schools , Moderatorship , in most subjects including the sciences. Some new established in the 1960s, such as and originally followed the practice of Oxford and Cambridge by awarding BAs in all subjects, but have since changed to awarding BSc degrees in science subjects. At Oxford, Cambridge and Dublin the degree of can be claimed, usually twenty-one terms after . For many centuries, the bachelor’s degree was an intermediate step and was awarded for much of the work carried out in later times at secondary schools. The names of the final secondary school exams in France and Spain come from this: le and el Bachillerato, respectively.

The award a degree to humanities or arts graduates, but a BSc to science graduates. This course takes four years for an honours degree and three for an ordinary. In Scotland, it is possible to opt to take an ordinary degree rather than this simply ranking below a third class honours .

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His Leftward Shift May Have As Much To Do With Institutional Pressures As Ideology

Chip Somodevilla / Getty Images

In 2009, The New Yorkers Jeffrey Toobin wrote that Chief Justice John Roberts, more than any of his colleagues, had served the interests, and reflected the values, of the contemporary Republican Party.

My, how things change.

More than a decade after he was first appointed, Roberts does not appear to be the justice he was first made out to be. That could prove pivotal in the next few years, as any of several justices may retire. We could soon see a Roberts Court in more ways than one: with him as both chief justice and swing justice, sitting at the ideological center of the bench. But what kind of court would that be? Its relatively early in Robertss Supreme Court career, but he is beginning to fit the historical pattern, at least quantitatively, of an ideological defector.

The case for a liberal John Roberts starts with his 2012 that determined the fate of the Affordable Care Act. The chief justice was widely expected to vote to kill the law the crown jewel of the Democratic president whom hed sworn into office three years earlier. Instead, he performed some contorted judicial yoga, declaring that the laws individual mandate was a constitutionally allowed tax, siding with the liberal bloc and saving Obamacare.

The concern has even manifested in an adjective thats been repeatedly applied to Roberts: wobbly.

A brief history of the men above:

Roberts may yet join that list.

How often Roberts agreed with
2010
78

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Sen. Cotton blasts Justice Roberts: He should follow the law or resign

Chief Justice John G. Roberts Jr. paved his own path in Fridays abortion ruling, siding with his fellow GOP-appointed justices in backing Mississippis 15-week ban as constitutional, but saying he would not have gone as far as his colleagues did in unraveling all of Roe v. Wade.

He said the viability standard Roe, and a later 1992 case, set for when abortion rights are no longer sacrosanct never made sense, and Mississippi had made the case that a 15-week line was valid.

But he said the court should have reached that conclusion without needing to overturn Roe, a nearly 50-year-old ruling that established a right to abortion in the Constitution, erasing state laws to the contrary.

My point is that Roe adopted two distinct rules of constitutional law: one, that a woman has the right to choose to terminate a pregnancy two, that such right may be overridden by the States legitimate interests when the fetus is viable outside the womb. The latter is obviously distinct from the former. I would abandon that timing rule, but see no need in this case to consider the basic right, the chief justice wrote.

By joining the majority in the judgment on Mississippis law, he made the courts vote 6-3. But his position on Roe means that part of the majority ruling only had the support of five justices the narrowest of majorities.

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