John Roberts's question frames the Voting Rights Act case. Too bad there's no answer.
In the wake of last week’s Supreme Court arguments over the Voting Rights Act, the geography of racism is once again a topic of debate. None other than Chief Justice John Roberts kicked things off when he asked the act’s defenders—that would be the U.S. READ MORE >>
At the Supreme Court on Monday, as Hurricane Sandy approached, Chief Justice John Roberts kept the Court open to hear Clapper v. Amnesty International, the most important wiretapping case of the term. Judging from his reception during the oral arguments, Solicitor General Donald Verrilli may have wished that the storm had closed the Court a day early. READ MORE >>
IN EVERY PRESIDENTIAL campaign since Roe v. Wade, the Democratic nominee has ominously intoned that the Supreme Court hangs in the balance. “We must win to save the Supreme Court of the United States,” Walter Mondale declared in 1984. “This election is about the Supreme Court,” Al Gore warned 24 hours before the polls closed in 2000. (As it turned out, he was right.) READ MORE >>
Chief Justice John Roberts’ decision to uphold the Affordable Care Act “individual mandate” stirred fury on the Right and leery relief on the Left. But the stunning outcome produced bipartisan agreement on one basic point: Roberts’ Solomonic solution—endorsing conservatives’ claim that the mandate breached Congress’ power to regulate interstate commerce, but saving the provision itself as a tax—was a politically driven improvisation. READ MORE >>
SOME VICTORIES prepare the ground for more victories; others lay the basis for future defeats. The great question for liberals about the Supreme Court’s decision on the Affordable Care Act (ACA) is which kind of victory it is. READ MORE >>