Word: robertses
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Benjamin Wittes, a fellow at the Brookings Institution, is among the court watchers distressed by the bellicose tone of some recent decisions. He points to the once rancorous Washington Circuit Court of Appeals as an example of an ideologically divided panel that has managed to find its way back to...
But with voting rights, the death penalty, Guantánamo detainees and, in all likelihood, gun control on the docket this term, there will be plenty of fuel to heat up the rhetoric again. The question is whether Roberts and his colleagues will put away their matches.
No one knows better than Roberts how difficult this will be. Many of these Justices seem to seek the spotlight--the hotter, the better. Thomas' headline-making memoir, thick with grievances, drowns out the substantive work of the court. Other Justices prefer to give speeches, barely disguised as questions, from...
As a clerk for Rehnquist in 1980, Roberts was assigned to conduct research for an article on the power of a Chief Justice to set the court's tone. He found an essay in which Frankfurter scoffed at the very notion. Every Justice "is his own sovereign," Frankfurter wrote; you...
A quarter-century later, John Roberts still wants to believe that something more is possible. A Chief Justice ought to aspire to persuade his colleagues "to be open to the considered views of the others," as he explained in a 2006 speech at Georgetown University. Roberts added, "There will, of...