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Roberts Court Takes Narrow Path to the Right

Supremes offer more modest rulings, put up barriers to lawsuits

By Jason Farago,  Newser Staff

Posted Jun 30, 2009 6:28 AM CDT
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(Newser) – The Supreme Court shifted further to the right in its 2008-09 term, ended yesterday, particularly on issues of civil rights and environmental protection. As USA Today reports, the conservative bloc led by John Roberts used several rulings to set tougher standards for individuals bringing suit, and it offered narrower opinions than courts past. "The Roberts Court has shown a desire to close the courthouse door," one Stanford professor said.

"Roberts' style in dealing with iconic precedents is to distinguish the older cases, leave them standing, but start tacking in the opposite direction," says one expert. The likely appointment of Sonia Sotomayor to replace David Souter will do little to change the court's ideological trajectory, with center-right Anthony Kennedy remaining the swing vote. He has been on the winning side of almost all 5-4 decisions and wrote yesterday's opinion ruling in favor of white firefighters in Connecticut.

Members of the Supreme Court await the arrival of President Barack Obama prior to his address to a joint session of Congress in the House Chamber of the Capitol in Washington , Tuesday, Feb. 24, 2009. From left are, Chief Justice John Roberts, and Associate Justices, Anthony Kennedy, Clarence Thomas, Ruth...
Members of the Supreme Court await the arrival of President Barack Obama prior to his address to a joint session of Congress in the House Chamber of the Capitol in Washington , Tuesday, Feb. 24, 2009....   (AP Photo/Charles Dharapak)
In this April 30, 2008 file photo, Chief Justice John Roberts speaks during a Vickers Lecture at the University of Kansas in Lawrence, Kan.
In this April 30, 2008 file photo, Chief Justice John Roberts speaks during a Vickers Lecture at the University of Kansas in Lawrence, Kan.   (AP Photo/Orlin Wagner, File)
David Souter bid his colleagues fond farewells and expressed gratitude to his fellow justices for the strong relationships forged over the years as he left the Supreme Court Monday, June 29, 2009.
David Souter bid his colleagues fond farewells and expressed gratitude to his fellow justices for the strong relationships forged over the years as he left the Supreme Court Monday, June 29, 2009.   (AP Photo/Jim Cole, File)
The Supreme Court poses for a group photo. This was John Roberts' fourth term on the bench and David Souter's last.
The Supreme Court poses for a group photo. This was John Roberts' fourth term on the bench and David Souter's last.   (AP Photo/J. Scott Applewhite, File)
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COMMENTS
Showing 3 of 5 comments
Observer
Jun 30, 2009 12:41 PM CDT
I have read that Roberts, prior to becoming Chief Justice, ruled for the Prosecution 100% of the time. If that is true, this man should not be a judge. He is a rubber stamp for the police state.
AnnieChrist
Jun 30, 2009 7:23 AM CDT
Congrats Corona, you managed to say one true statement out of a host of laughable ones: we are breathing down your necks for the mid-terms. Ha ! "Ha" is correct, or maybe more appropriately Ha Ha Ha Ha Ha! Thanks for the laugh.
AnnieChrist
Jun 30, 2009 7:18 AM CDT
"the conservative bloc led by John Roberts used several rulings to set tougher standards for individuals bringing suit..." This in a nutshell, sums up the true difference between jurists like John Marshall, Thurgood Marshall, or Earl Warren, and the current crop of conservatives on the SCOTUS. That difference is access to the courts by people like you and me, vs the almost exclusive access that corporations enjoy. This was the impetus for the repubs highly touted 'tort reform,' which was nothing but an effort to keep the common man out of the court room. If the conservatives had their way, there would be no avenue for redress by the citizenry, and our courts would hear nothing but cases involving Giant Corporation v Great Big, Inc. etc. When you hear complaints about 'activist judges,' what they are actually talking about are the jurists who believe that an individual's rights trump those of the corporations or the government. The greatest example of their disregard for justice, is the dwindling number of criminal cases heard by the Rehnquist and Roberts courts, vis a vis the Warren Court. The conservatives accept cases only when they can rule in favor of prosecutors and police. Any case that will limit the government's power to imprison citizens is never accepted for review. As long as the conservatives hold sway on our courts, the cliche "if you want justice go to a whore house, if you want to be f**ked, go to the courthouse,' will remain a truism.

Main rulings of the term just ended
USA Today

 
John Roberts • Anthony Kennedy • US Supreme Court • conservatives • David Souter • Sonia Sotomayor • Ricci v. DeStefano

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