TheRoberts Courtis the time since 2005 during which theSupreme Court of the United Stateshas been led byJohn RobertsasChief Justice.Roberts succeededWilliam Rehnquistas Chief Justice after Rehnquist's death.

Supreme Court of the United States
Roberts Court
Current
September 29, 2005 –
19 years, 6 days
SeatSupreme Court Building
Washington, D.C.
No.ofpositions9
Roberts Court decisions

It has been considered to be the most conservative court since theVinson Court(1946–1953). This is due to the retirement of the relatively moderate JusticeSandra Day O'Connorand the confirmation of the more conservative JusticeSamuel Alito.[1]The ideological balance of the court shifted further to the right in the following years through the replacement of swing-voteAnthony KennedywithBrett Kavanaughin 2018 and the replacement of liberalRuth Bader GinsburgwithAmy Coney Barrettin 2020.

Membership

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Roberts was originallynominatedby PresidentGeorge W. Bushas an associate justice to succeedSandra Day O'Connor,who had announced her retirement, effective with the confirmation of her successor. However, before the Senate could act upon the nomination, Chief JusticeWilliam Rehnquistdied. President Bush quickly withdrew the initial nomination and resubmitted it as a nomination for Chief Justice; this second Roberts nomination was confirmed by the Senate on September 29, 2005, by a 78–22 vote. Roberts took theconstitutionaloath of office,administered by senior Associate JusticeJohn Paul Stevens(who was the acting chief justice during the vacancy) at theWhite Houseafter his confirmation the same day. On October 3, Roberts took the judicial oath provided for by theJudiciary Act of 1789,prior to the first oral arguments of the 2005 term. The Roberts Court commenced with Roberts as Chief Justice and the remaining eight associate justices from theRehnquist Court:Stevens, O'Connor,Antonin Scalia,Anthony Kennedy,David Souter,Clarence Thomas,Ruth Bader Ginsburg,andStephen Breyer.President Bush's second nominee to replace O'Connor,Harriet Miers,withdrew before a vote; Bush's thirdnomineeto replace O'Connor wasSamuel Alito,who was confirmed in January 2006.

In 2009, PresidentBarack ObamanominatedSonia Sotomayorto replace Souter; she was confirmed. In 2010, ObamanominatedElena Kaganto replace Stevens; she, too, was confirmed. In February 2016, Justice Scalia died; in the following month, ObamanominatedMerrick Garland,but Garland's nomination was never considered by the Senate, and it expired when the 114th Congress ended and the 115th Congress began on January 3, 2017. On January 31, 2017, PresidentDonald TrumpnominatedNeil Gorsuchto replace Scalia. Democrats in the Senate filibustered the Gorsuch nomination, which led to the Republicans exercising the "nuclear option".After that, Gorsuch was confirmed in April 2017. In 2018, TrumpnominatedBrett Kavanaughto replace Kennedy;[2]he was confirmed. In September 2020, Justice Ginsburg died; TrumpnominatedAmy Coney Barrettto succeed Ginsburg and she was confirmed on October 26, 2020, days before the2020 election.[3]

In 2022, Breyer announced his retirement effective at the end of the Supreme Court term, assuming his successor was confirmed, in a letter to PresidentJoe Biden.[4]BidennominatedKetanji Brown Jacksonto succeed Breyer,[5]and she was confirmed by the Senate.[6]Breyer remained on the Court until it went into its summer recess on June 30, at which point Jackson was sworn in,[7]becoming the first black woman and the first formerfederal public defenderto serve on the Supreme Court.[8][9]

Timeline

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Note:Thebluevertical line denotes "now" (October 2024).

Bar key:
Ford appointeeReagan appointeeG. H. W. Bush appointeeClinton appointeeG. W. Bush appointeeObama appointeeTrump appointeeBiden appointee

Other branches

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Presidents during this court have beenGeorge W. Bush,Barack Obama,Donald Trump,andJoe Biden.Congresses included the109ththrough the current118thUnited States Congresses.

Rulings of the Court

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The Roberts Court (since June 30, 2022): Front row (left to right):Sonia Sotomayor,Clarence Thomas,Chief JusticeJohn Roberts,Samuel Alito,andElena Kagan.Back row (left to right):Amy Coney Barrett,Neil Gorsuch,Brett Kavanaugh,andKetanji Brown Jackson.

The Roberts Court has issued major rulings onincorporation of the Bill of Rights,gun control,affirmative action,campaign finance regulation,election law,abortion,capital punishment,LGBT rights,unlawful search and seizure,andcriminal sentencing.Major decisions of the Roberts Court include:[10][11]

Judicial philosophy

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The Roberts Court has been described as conservative and by many as "dominated by an ambitious conservative wing."[14][15]Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett generally have taken more conservative positions, while Sotomayor, Kagan, and Jackson have generally taken more liberal positions. Among former justices, Scalia and Kennedy had been more conservative, while Souter, Stevens, Ginsburg, and Breyer had been more liberal. These two blocs of voters have lined up together in several major cases, though Justice Kennedy occasionally sided with the liberal bloc. Roberts has also served as a swing vote, often advocating for narrow rulings and compromise among the two blocs of justices.[11][16]Though the Court sometimes does divide along partisan lines, attorney andSCOTUSblogfounderTom Goldsteinhas noted that more cases are decided 9–0 and that the individual justices hold a wide array of views.[17]

The judicial philosophy of Roberts on the Supreme Court has been assessed by leading court commentators including Jeffrey Rosen[18]and Marcia Coyle.[19]Although Roberts is identified as having a conservative judicial philosophy, his vote inNational Federation of Independent Business v. Sebelius(2012) upholding the constitutionality of thePatient Protection and Affordable Care Act(ACA) has caused reflection in the press concerning the comparative standing of his conservative judicial philosophy compared to other sitting justices of conservative orientation; he is seen as having a more moderate conservative orientation, particularly when his vote to uphold the ACA is compared toRehnquist's vote inBush v. Gore.[20]Some commentators have also noted that Roberts uses his vote in high-profile cases to achieve a facially-neutral result that sets up for larger conservative rulings in the future.[21]TheFive FourPodcast went so far as to deem this maneuver the "Roberts Two-Step."[22]

Regarding Roberts' contemporaneous peers on the bench, his judicial philosophy is seen as more moderate and conciliatory than that ofAntonin ScaliaandClarence Thomas.[18][20]Roberts has not indicated any particularly enhanced reading oforiginalismor framer's intentions as has been plainly evident in Scalia's speeches and writings.[19]Roberts' strongest inclination on the Court has been to attempt to re-establish the centrist aesthetics of the Court as being party neutral, in contrast to his predecessor Rehnquist who had devoted significant effort to promote a 'states-rights' orientation for the Court. Roberts' voting pattern is most closely aligned withBrett Kavanaugh's.[23][24][25]

After Ginsburg was replaced by Barrett, several commentators wrote that Roberts was no longer the leading justice. As the five other conservative justices could outvote the rest, he supposedly could no longer preside over a moderately conservative course while respecting precedent.[26][27]Some said this view was confirmed by the court's 2022 ruling inDobbs v. Jackson Women's Health Organization,which overturned thelandmarkrulingsRoe v. WadeandPlanned Parenthood v. Caseyof 1973 and 1992, respectively.[28][29]The conservative bloc is sometimes further split into a wing more hesitant to overrule precedent (Roberts, Kavanaugh, and Barrett), and a wing more willing to overrule precedent (Clarence Thomas,Samuel Alito,andNeil Gorsuch).[30][31][32]Roberts wrote the majority opinion inWest Virginia v. EPAwhich officially established themajor questions doctrineand restricted the ability of the EPA to regulate power plant emissions using generation shifting under theClean Air Act.That opinion drew ire from critics who argued that Roberts and the conservative bloc manufactured a doctrine to thwart climate reforms.[33]

Criticism

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Since 2023, criticism of the Court byDemocratshas risen, who have increasingly viewed the Court as being illegitimate.[34][35][36]The Court's legitimacy has also been questioned by its liberal bloc of justices,[37][38][39]as well as the general public.[40]Aaron RegunberginThe New Republiccriticized the Supreme Court for playingCalvinball,a game with no rules except for those made up as they go.[41]

Democratic backsliding

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In a July 2022 research paper entitled "The Supreme Court's Role in the Degradation of U.S. Democracy," theCampaign Legal Center,founded by RepublicanTrevor Potter,asserted that the Roberts Court "has turned on our democracy" and was on an "anti-democratic crusade" that had "accelerated and become increasingly extreme with the arrival" of Trump's three appointees.[42][43]

Public opinion

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The Roberts Court is considered to be the most unpopular Court sinceGallupstarted tracking public approval of the Supreme Court in 1973.[44]Public perception of the Court was at a net negative before the overturning ofRoe v. Wadein 2022, and dropped further following the ruling.[45][46]An NPR/PBS NewsHour/Marist poll indicated thatallegations of Clarence Thomas having broken the Court's code of conduct repeatedlyeroded trust in the Court further, with public confidence dropping from 59% in 2018 to 37% in 2023.[47]A 2024 survey byMarquette Law Schoolfound the court to have a 40% approval rating.[48]

List of Roberts Court opinions

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References

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  1. ^Liptak, Adam (July 24, 2010)."Court Under Roberts Is Most Conservative in Decades".The New York Times.RetrievedAugust 5,2010.
  2. ^"Trump gets chance to reshape top court".BBC News.June 27, 2018.RetrievedJune 27,2018.
  3. ^Vazquez, Maegan; Liptak, Kevin (September 26, 2020)."Trump nominates Amy Coney Barrett as Supreme Court justice".CNN.RetrievedOctober 2,2020.
  4. ^Shear, Michael D. (January 27, 2022)."Biden plans to name Breyer's successor by the end of February".The New York Times.ISSN0362-4331.RetrievedJune 24,2022.
  5. ^Macaya, Melissa; Wagner, Meg; Sangal, Aditi; Vogt, Adrienne; Kurtz, Jason (February 25, 2022)."Feb. 25 coverage of Biden's SCOTUS nomination Ketanji Brown".CNN.RetrievedJune 24,2022.
  6. ^Wagner, John; Alfaro, Mariana (April 7, 2022)."Post Politics Now: Biden gets history-making nominee Jackson on the Supreme Court".Washington Post.RetrievedJune 24,2022.
  7. ^Chowdhury, Maureen; Vogtm, Adrienne; Sangal, Aditi; Hammond, Elise; Macaya, Melissa (June 30, 2022)."Live updates: Ketanji Brown Jackson to be sworn in as Supreme Court Justice as court issues final opinions".CNN.RetrievedJune 30,2022.
  8. ^Maureen Chowdhury; Ji Min Lee; Meg Wagner; Melissa Macaya (April 7, 2022)."Jackson won't be sworn in until Justice Stephen Breyer retires".CNN.RetrievedJune 24,2022.
  9. ^Booker, Brakkton."What Justice Ketanji Brown Jackson means for the country".POLITICO.RetrievedJune 24,2022.
  10. ^Chiusano, Scott (September 29, 2015)."Landmark decisions during John Roberts' decade as Chief Justice".New York Daily News.RetrievedFebruary 25,2016.
  11. ^abWolf, Richard (September 29, 2015)."Chief Justice John Roberts' Supreme Court at 10, defying labels".USA Today.RetrievedFebruary 25,2016.
  12. ^Liptak, Adam (May 18, 2015)."Supreme Court Ruling Altered Civil Suits, to Detriment of Individuals".The New York Times.RetrievedMarch 3,2016.
  13. ^"One Really Good Thing in the Supreme Court's Travel-Ban Ruling: Korematsu Is Gone".The New Yorker.June 26, 2018.
  14. ^"The Chief Stands Alone: Roberts, Roe and a Divided Supreme Court".news.bloomberglaw.com.RetrievedMarch 1,2023.
  15. ^Godfrey, Elaine (June 28, 2023)."The Court Is Conservative—But Not MAGA".The Atlantic.RetrievedJuly 29,2023.
  16. ^Fairfield, Hannah (June 26, 2014)."A More Nuanced Breakdown of the Supreme Court".The New York Times.RetrievedFebruary 25,2016.
  17. ^Goldstein, Tom(June 30, 2010)."Everything you read about the Supreme Court is wrong (except here, maybe)".SCOTUSblog.RetrievedJuly 7,2010.
  18. ^abRosen, Jeffrey (July 13, 2012)."Big Chief".The New Republic.
  19. ^abCoyle, Marcia (2013).The Roberts Court: The Struggle for the Constitution.
  20. ^abScalia, Antonin;Garner, Bryan A.(2008).Making Your Case: The Art of Persuading Judges.St. Paul: Thomson West.ISBN978-0-314-18471-9.
  21. ^Hasen, Richard L. (April 2, 2014)."Die Another Day".Slate.ISSN1091-2339.RetrievedMarch 1,2023.
  22. ^"Shelby County v. Holder".Five Four Pod(Podcast).RetrievedMarch 1,2023.
  23. ^Bravin, Jess (July 7, 2023)."John Roberts and Brett Kavanaugh Are Now the Supreme Court's Swing Votes".Wall Street Journal.ISSN0099-9660.RetrievedJuly 29,2023.
  24. ^Schonfeld, Zach (July 8, 2023)."How John Roberts exhibited his power in the Supreme Court's biggest decisions".The Hill.RetrievedJuly 29,2023.
  25. ^Feldman, Adam (June 30, 2023)."Another One Bites the Dust: End of 2022/2023 Supreme Court Term Statistics".RetrievedJuly 29,2023.
  26. ^Kirchgaessner, Stephanie (October 11, 2021)."John Roberts is no longer the leader of his own court. Who, then, controls it?".The Guardian.Archived fromthe originalon June 28, 2022.
  27. ^Huq, Aziz (September 15, 2021)."The Roberts Court is Dying. Here's What Comes Next".Politico.Archived fromthe originalon July 24, 2022.
  28. ^Liptak, Adam (June 24, 2022)."June 24, 2022: The Day Chief Justice Roberts Lost His Court".New York Times.Archived fromthe originalon July 14, 2022.
  29. ^Biskupic, Joan(June 26, 2022)."Chief Justice John Roberts lost the Supreme Court and the defining case of his generation".CNN.Archived fromthe originalon July 19, 2022.
  30. ^Johnson, John (June 18, 2021)."Supreme Court's Interesting New Math: 3-3-3".Newser.
  31. ^"America's Supreme Court is less one-sided than liberals feared".The Economist.June 24, 2021.
  32. ^Blackman, Josh (June 18, 2021)."We don't have a 6–3 Conservative Court. We have a 3-3-3 Court".Reason.
  33. ^Emerson, Blake (June 30, 2022)."The Real Target of the Supreme Court's EPA Decision".Slate.ISSN1091-2339.RetrievedMarch 1,2023.
  34. ^Leonhardt, David(May 22, 2023)."Supreme Court Criticism".The New York Times.RetrievedJuly 5,2023.
  35. ^Smith, David (May 21, 2023)."Democrats fight to expand a 'broken and illegitimate' supreme court".The Guardian.RetrievedJuly 5,2023.
  36. ^Marcotte, Amanda (July 3, 2023)."Fraud justice: Decision based on a fake case showcases the Supreme Court's illegitimacy".Salon.RetrievedJuly 5,2023.
  37. ^Gresko, Jessica (October 26, 2022)."Supreme Court justices spar over court legitimacy comments".AP News.RetrievedNovember 23,2023.
  38. ^"Justices join debate on Supreme Court's legitimacy after abortion ruling".NBC News.September 18, 2022.RetrievedNovember 23,2023.
  39. ^Kanu, Hassan (July 10, 2023)."Even some justices are raising questions about the U.S. Supreme Court's legitimacy".Reuters.RetrievedNovember 23,2023.
  40. ^Greenhouse, Steven (October 5, 2023)."The US supreme court is facing a crisis of legitimacy".the Guardian.RetrievedNovember 23,2023.
  41. ^Regunberg, Aaron(July 12, 2022)."How the Calvinball Supreme Court Upended the Bar Exam".The New Republic.RetrievedJuly 1,2024.
  42. ^Tokaji, Dan (July 13, 2022)."CLC on" The Supreme Court's Role in the Degradation of U.S. Democracy "".Election Law Blog.
  43. ^"The Supreme Court's Role in the Degradation of U.S. Democracy"(PDF).Campaign Legal Center. July 13, 2022.Unfortunately, the Supreme Court's relationship to democracy has shifted dramatically in recent years. Under the leadership of Chief Justice John Roberts, the Supreme Court has spent the last two decades systematically dismantling federal voting rights protections and campaign finance laws while enabling states to restrict the franchise and distort electoral outcomes with remarkable zeal. The pace of this upheaval has accelerated since 2017 with the additions of Justices Gorsuch, Kavanaugh, and Barrett.
  44. ^"A historically unpopular Supreme Court made a historically unpopular decision".CBS News.June 26, 2022.RetrievedApril 25,2023.Quinnipiac isn't the only pollster to show a major degradation in the court's standing. The percentage of Americans (25%) who have great or quite a lot of confidence in the court is at the lowest level ever recorded by Gallup since 1973.
  45. ^Jones, Jeffrey M. (June 23, 2022)."Confidence in U.S. Supreme Court Sinks to Historic Low".Gallup.RetrievedApril 27,2023.
  46. ^Todd, Chuck; Murray, Mark; Kamisar, Ben; Bowman, Bridget; Marquez, Alexandra (August 22, 2022)."Public's opinion of Supreme Court plummets after abortion decision".NBC News.RetrievedApril 27,2023.
  47. ^Sam Levine (April 24, 2022)."Majority of Americans oppose bans of medication abortion drugs, poll finds".The Guardian.RetrievedMay 8,2023.
  48. ^Franklin, Charles (February 20, 2024)."New Marquette Law School national survey finds approval of U.S. Supreme Court at 40%, public split on removal of Trump from ballot".law.marquette.edu.RetrievedApril 29,2024.

Further reading

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