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Friday, November 26, 2021

Is John Roberts A Republican

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Dont Be Fooled Chief Justice John Roberts Is As Partisan As They Come

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

He says he is concerned about the Supreme Courts legitimacy in the eyes of the public. He should worry.

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The authors are affiliated with Take Back the Court, a liberal group that favors expanding the size of the Supreme Court.

The Supreme Courts new term that begins on Monday could prove momentous, with cases involving gun control, abortion, L.G.B.T. rights and immigration. The term is likely to signal how far the courts conservative majority will go to block the agenda of the next Democratic president and Congress.

With the court on the precipice of a dangerous lurch rightward, polling data indicate that Democrats have a positive view of Chief Justice John Roberts, who has expressed regard for precedent and concern for the courts legitimacy, encouraging a view that he will step in to prevent partisan excess. Yet history suggests that Democrats have much to fear. The chief justice is neither a swing vote among his four liberal and four conservative justices, nor a moderate. Expect him to land time and again with the conservatives.

And last month, in an appearance in New York, the chief justice said: When you live in a politically polarized environment, people tend to see everything in those terms. Thats not how we at the court function. And the results in our cases do not suggest otherwise.

Legal Education In The United States

Professional doctorates were developed in the United States in the 19th century, the first being the Doctor of Medicine in 1807,:162 but the professional law degree took more time. At the time the legal system in the United States was still in development as the educational institutions were developing. The status of the legal profession was at that time still ambiguous therefore, the development of the legal degree took much time. Even when some universities offered training in law, they did not offer a degree.:165 Because in the United States there were no Inns of Court, and the English academic degrees did not provide the necessary professional training, the models from England were inapplicable, and the degree program took some time to develop.:164

Creation of the Juris Doctor

After the 1930s, the LL.B. and the J.D. degrees coexisted in some American law schools. Some law schools, especially in Illinois and the Midwest, awarded both , conferring J.D. degrees only to those with a bachelor’s degree , and those who met a higher academic standard in undergraduate studies, finishing a thesis in their third year of law school. Because the J.D. degree was no more advantageous for bar admissions or for employment, the vast majority of Marquette students preferred to seek the LL.B. degree.

Steel Challenges And The Modern Era

At the start of the 20th century, Buffalo was the world’s leading grain port and a national flour-milling hub. Local mills were among the first to benefit from generated by the Niagara River. Buffalo hosted the 1901 after the , showcasing the nation’s advances in art, architecture, and electricity. Its centerpiece was the Electric Tower, with over two million light bulbs, but some exhibits were and racially charged. At the exposition, President was by . When McKinley died, was sworn in at the in Buffalo.

Attorney and local industrialists and convinced the to relocate from to the town of in 1904. Employment was competitive, with many Eastern Europeans and Scrantonians vying for jobs. From the late 19th century to the 1920s, led to distant ownership of local companies this had a negative effect on the city’s economy. Examples include the acquisition of Lackawanna Steel by and, later, the relocation of in the 1940s. The saw severe unemployment, especially among the working class. relief programs operated in full force, and the city became a stronghold of labor unions and the .

During , Buffalo regained its manufacturing strength as military contracts enabled the city to manufacture steel, chemicals, aircraft, trucks, and ammunition. The , Buffalo’s economy relied almost entirely on manufacturing eighty percent of area jobs were in the sector. The city also had over a dozen railway terminals, as railroads remained a significant industry.

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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 retirement of JusticeSandra Day O’Connor, the first female on the Supreme Court. It was the first Supreme Court nomination since Stephen Breyer in 1994.

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

John Roberts Supreme Court Nomination

No, Chief Justice John Roberts Isnt LiberalHes a ...

On September 5, 2005, PresidentGeorge W. Bush announced that he would nominate Judge John Roberts for the position of Chief Justice of the Supreme Court of the United States, to succeed William H. Rehnquist, who had died two days earlier. In July 2005, Roberts had been nominated to replace retiring Associate JusticeSandra Day O’Connor however, following Rehnquist’s death, that still-pending nomination was withdrawn .

The Senate Judiciary Committee commenced hearings on Roberts’s nomination on September 12, 2005. Later that month, on September 29, Roberts was confirmed by the Senate as the 17th Chief Justice by a 7822 vote. He took the Constitutionaloath of office, administered by Associate Justice John Paul Stevens at the White House, that same day. On October 3, he took the judicial oath provided for by the Judiciary Act of 1789 at the United States Supreme Court building, prior to the first oral arguments of the 2005 term.

At the time of his nomination as Chief Justice, Roberts was serving as a judge of the United States Court of Appeals for the District of Columbia Circuit. He was appointed to that position in 2003 by President George W. Bush.

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Us Court Of Appeals For The Dc Circuit

On May 9, 2001, President George W. Bush nominated Roberts to a seat on the U.S. Court of Appeals for the D.C. Circuit to replace Judge James L. Buckley, who had recently retired. However, the Democratic Party had a majority in the Senate at the time and was in conflict with Bush over his judicial nominees. Senate Judiciary Committee chairman Patrick Leahy refused to give Roberts a hearing in the 107th Congress. The GOP regained control of the Senate on January 7, 2003, and Bush resubmitted Roberts’s nomination that day. Roberts was confirmed on May 8, 2003, and received his commission on June 2, 2003. During his two-year tenure on the D.C. Circuit, Roberts authored 49 opinions, eliciting two dissents from other judges, and authoring three dissents of his own.

Fox News Anchor John Roberts Apologizes For Laughing After Gop Rep Calls For Accountability On Afghanistan

Screenshot/Fox News

Fox News anchor John Roberts offered an apology Tuesday after he laughed when Republican Florida Rep. Michael Waltz called for accountability on Afghanistan.

Waltz, a former Green Beret, joined Roberts on America Reports and said that what most veterans wanted to see from President Joe Bidens administration was someone willing to take responsibility for the way things had transpired in Afghanistan.


Here is a question for you, Roberts said to Waltz. Blinken is coming up to the House Foreign Affairs Committee. What do you want to hear from him?

You know what I want to hear? Not so much me. All of these veterans, the Gold Star families, we have 13 new ones now. Victims of 9/11 as we head into the 20th anniversary. Who is going to stand up and say, I screwed up. This was on me. This did not go right,’ Waltz replied, prompting a chuckle from Roberts.

Instead, we hear officials, including the president, blaming others, saying this was a lot of happy talk. This was a record evacuation,’ Waltz continued. Who is going to take responsibility? Publicly and officially. This was a chaotic disaster thats going to be a stain on the United States.

Waltz went on to say that the damages done to veterans and to Americans and Afghan allies who were left behind would continue to impact them for years to come.

Thats what we want to hear. Accountability, he said.

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From Opinion: The Courts Role In An Era Of Dysfunction

Rarely has the Supreme Court released so many decisions this far into July or, it seems, weighed in on so many divisive issues. In this term, the court has ruled on the DACA program protecting young undocumented immigrants the constitutionality of the Consumer Financial Protection Bureaus structure the Electoral College and faithless electors abortion law in Louisiana and religious liberty as understood through the ministerial exception.

Chief Justice John Roberts has sided with the Supreme Courts liberal justices on some of the biggest cases of the term, like decisions to invalidate the Trump administrations effort to rescind the DACA program and Louisianas abortion-provider regulations, writes Jonathan Adler, a law professor. But in other big cases, he has stuck with the conservatives.

The chief justice, Professor Adler says, is a conservative justice, but more than anything else, he is a judicial minimalist who seeks to avoid sweeping decisions with disruptive effects.

Michael McConnell, a former federal appeals court judge and professor, puts Chief Justice Robertss institutionalist role in context. With a largely dysfunctional Congress, he writes, the court seems to reach results that very likely would carry the day in Congress on many of these issues, if Republicans and Democrats were inclined to talk to one another and compromise. Congresss failures have left the court to make decisions that have historically been negotiated in Congress.

Performing Arts And Music

Trump remains silent on SCOTUS amid disappointing polls

Buffalo is home to over 20 theater companies, with many centered in the downtown . is the city’s largest theater. Designed by and built in 1926, the theater presents and concerts. Other venues include , , and , where major acts draw about seven thousand concertgoers. The was formed in 1935 and performs at , whose acoustics have been praised. Although the orchestra nearly disbanded during the late 1990s due to a lack of funding, philanthropic contributions and state aid stabilized it. Under the direction of , the orchestra has received a number of nominations and won the in 2009.

was born and raised in Buffalo and later lived on a ranch in the nearby . James formed his Stone City Band in Buffalo, and had national appeal with several in the , and genres in the late 1970s and early 1980s. Around the same time, the band and jazz also got their start in the city. Buffalo’s , an extension of what was a separate musicians’-union chapter, maintains jazz history. The , an group which formed in 1986, had 19 top-ten singles. Singer-songwriter and activist has released over 20 folk and albums on , her Buffalo-based label. Underground hip-hop acts in the city partner with Buffalo-based , whose artists include Westside Gunn and Conway the Machine and occasionally refer to Buffalo culture in their lyrics.

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Justices Rule Teachers At Religious Schools Aren’t Protected By Fair Employment Laws

Harvard law professor Noah Feldman says that “the chief’s basic worldview hasn’t changed.” As Feldman sees it, Roberts is still a conservative, and he’s “OK with the court being ideological” but not partisan, and that means adhering to precedent.

Still, as Feldman observes, the chief justice “wields a very deft doctrinal scalpel,” which he can use to “slice and dice a precedent so there’s almost nothing left of it.”

Feldman contends that Roberts did just that in a recent case involving funding for religious schools in which the chief justice claimed to be following a precedent written by the man he once clerked for, the late Chief Justice William Rehnquist.

Instead, Feldman says, Roberts “eviscerated that precedent.”

Roberts’ opinions in the Thursday’s subpoena cases, which together were much more deferential to state grand juries than to congressional power, saw the court muscle its way into more power relative to Congress, with the chief justice leading the charge.

“I think there is a … sort of cross-partisan dismissiveness or disdain toward Congress,” says Georgetown law professor Josh Chafetz, author of Congress’s Constitution: Legislative Authority and the Separation of Powers.

The chief justice is “uniquely positioned right now. He is both the chief justice and the controlling vote” on a court split between hard-line conservatives and traditional liberals, observes Roberts’ longtime friend Lazarus.

Voting as an outlier

Chief Justice Of The United States

During his tenure on the Court, Chief Justice Roberts has ruled that in certain circumstances local governments can be exempt from some procedural requirements of the Voting Rights Act of 1965. He has ruled that the exclusionary rule needn’t be so broad and that some evidence can be admissible even if obtained through police negligence. Roberts wrote the majority opinion against using race as a criterion in voluntary desegregation policies, a ruling which dissenting justices said stood Brown v. Board of Education on its head.

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Affordable Care Act Upheld

See also: Supreme Court of the United States )

In June 2007, Chief Justice Roberts authored the plurality opinion in Parents Involved in Community Schools v. Seattle School District No. 1. At issue was whether it was constitutionally permissible for a public school district, and particularly those that had not operated segregated schools in the past, to classify students by race and rely upon such racial classifications in making school assignments.

Majority opinion

In writing for the majority, Chief Justice Roberts said:

The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.

Harvard College And Law School

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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 summa cum laude. 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 magna cum laude.

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

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

History Of Legal Training In England

The nature of the J.D. can be better understood by a review of the context of the history of legal education in England. The teaching of law at Cambridge and Oxford Universities was mainly for philosophical or scholarly purposes and not meant to prepare one to practice law.:434,435 The universities only taught civil and canon law but not the that applied in most jurisdictions. Professional training for practicing common law in England was undertaken at the , but over time the training functions of the Inns lessened considerably and apprenticeships with individual practitioners arose as the prominent medium of preparation.:434,436 However, because of the lack of standardisation of study, and of objective standards for appraisal of these apprenticeships, the role of universities became subsequently important for the education of lawyers in the English-speaking world.:436

The 1728 act was amended in 1821 to reduce the period of the required apprenticeship to three years for graduates in either law or arts from Oxford, Cambridge, and Dublin, as “the admission of such graduates should be facilitated, in consideration of the learning and abilities requisite for taking such degree”. This was extended in 1837 to cover the newly established universities of Durham and London, and again in 1851 to include the new Queen’s University of Ireland.

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