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Roberts Court Eschews Politics, Rules as One

NYT study shows court moving in unexpected directions

By Mark Russell,  Newser Staff

Posted Jul 1, 2012 7:20 AM CDT

(Newser) – While the Supreme Court has appeared deeply divided along ideological lines in recent years, its latest term reveals a strikingly different court, often unanimous and aggressive in reviewing the other branches of government, reports the New York Times in an analysis of the last nine months of the Roberts Court. Some 44% of cases last term were unanimous decisions, which is a normal number, except that it includes several major cases. And an unusual number of cases ruled against the government's position; while solicitors general typically win 60% to 70% of their cases before the Supreme Court, last term they won just 45% (although experts note that results are often ambiguous and hard to measure).

It's a manifestation of John Roberts' work to insulate his court from charges of being political in the wake of the Citizens United ruling, notes the Times. The court unanimously ruled in favor of a "ministerial exception" to anti-discrimination laws, for an Idaho couple who wanted to build on their wetlands property, and against the government being able to put GPS trackers on vehicles without a warrant. "Cases that might have been closely divided and very contentious ended up being unanimous," said a solicitor general from the Bush administration. "It's a tribute to the chief justice, and to the whole court." Click for the whole analysis.

The US Supreme Court building on June 27, 2012.
The US Supreme Court building on June 27, 2012.   (Getty Images)
In this Feb. 12, 2008, file photo, Chief Justice John G. Roberts Jr.
In this Feb. 12, 2008, file photo, Chief Justice John G. Roberts Jr.   (AP Photo/Stephan Savoia, File)
This Oct. 8, 2010 file photo of the Supreme Court: Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy and Ruth Bader Ginsburg. Standing, Sonia Sotomayor, Stephen Breyer, Samuel Alito, and Elena Kagan.
This Oct. 8, 2010 file photo of the Supreme Court: Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy and Ruth Bader Ginsburg. Standing, Sonia Sotomayor, Stephen Breyer, Samuel Alito, and...   (AP Photo/Pablo Martinez Monsivais, File)
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COMMENTS
Showing 3 of 21 comments
Cat-Lover
Jul 1, 2012 1:30 PM CDT
I'm proud of Roberts' vote; it's Kennedy's that pisses me off.
chillette
Jul 1, 2012 10:32 AM CDT
Oh please, Roberts is still conservative and will be voting on ideological lines in the future.He has to mend fences with conservatives.  Roberts has had medical complications himself at an early age and it may run in his family. I truly believe his decision was influenced by personal pressure and experiences. It is unfortunate that such experiences were needed for him to make the right decision. But I will take the victory in whatever form it comes.
polarbearme
Jul 1, 2012 9:58 AM CDT
Except for the 2 non-scholars Scalia and Thomas.
 

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