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Roberts Court: Most Assertive in Decades

More bold, controversial decisions than any term since New Deal

By Kevin Spak,  Newser Staff

Posted Jun 30, 2010 9:00 AM CDT

(Newser) – It was not a quiet term for the Supreme Court. In addition to its landmark campaign finance reform and gun rights decisions, the court flexed its muscles on a host of cases, making independent, assertive decisions, the Washington Post observes. “I see this as the least deferential court since the New Deal,” says one Clinton administration lawyer. “It is a court that very much likes to decide things for itself.”

While the public will likely remember the court's resounding 5-4 split on Citizens United, the court actually reached a consensus of 8-1 or better in 56% of its cases, compared to 40% last year. Coalitions shifted freely, with John Roberts even siding with the liberals occasionally. But while many of the court's decisions were bold, many were also narrow or symbolic, one law professor adds. “I think the effect on American lives will be quite modest,” he said.

In this April , 2010 file photo, Chief Justice of the Supreme Court John Roberts speaks at the Indiana University School of Law in Indianapolis.
In this April , 2010 file photo, Chief Justice of the Supreme Court John Roberts speaks at the Indiana University School of Law in Indianapolis.   (AP Photo/Michael Conroy, File)
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This court does not view itself as working in partnership with Congress. If the court concludes a law is too vague, or too broad, the court will not fill in the details in ways Congress might have wanted. - Richard Pildes, NYU law professor

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COMMENTS
Showing 3 of 48 comments
Ma'at
Jun 30, 2010 1:31 PM CDT
ALL courts, Right or Left, are activist. Judges do make law and have for over 200 years. It's why they call it "case law". The "oh no it's an activist judge" thing is just to get people fired up. Neither Right nor Left is any more or less "activist". It is impossible to look at the Constitution or a statute and for the answer to always be clear.
flightofphoenix1973
Jun 30, 2010 12:06 PM CDT
I have a SCOTUS question, I know it is a lifetime appointment but can they be fired? Who is their 'boss'? Just curious.
jeebus
Jun 30, 2010 10:04 AM CDT
They are mostly a bunch of out of touch, unelected, dolts. Shit, 2 of them were appointed by a president who had to be appointed himself. What a fucking joke?
 

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