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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIs John Roberts poised to become the supreme court's key swing vote?
The conservative Roberts has sided with the liberal wing before, but dont expect him to anchor the court in the political center
Time and again over the past three decades, civil rights campaigns in favor of reproductive choice, LGBTQ equality and affirmative action have crested with thin US supreme court rulings protecting marginalized groups.
That might be about to change. The retirement announcement last month of 81-year-old justice Anthony Kennedy means that the courts most reliable swing vote the deciding vote in a number of crucial cases might stop swinging, legal analysts say, leaving the courts four liberal-leaning justices to be routinely dominated by a newly strengthened conservative bloc.
Dominated, that is, unless a new swing vote materializes who might occasionally deliver 5-4 victories that American progressives can cheer the way they have cheered landmark rulings clinched by Kennedy on issues such as same-sex marriage and abortion rights.
There is exactly one potential candidate to fill the swing-vote role Kennedy is now vacating, analysts agree. Barring some truly dramatic twist in the intellectual wiring or confirmation prospects of circuit court judge Brett Kavanaugh, Donald Trumps nominee-in-waiting, that candidate is the sitting chief justice, John Roberts.
https://www.theguardian.com/law/2018/jul/15/john-roberts-supreme-court-swing-vote-anthony-kennedy
John Roberts is a full fledged member of the Federalists Society first and foremost..............
https://slate.com/news-and-politics/2018/07/the-federalist-society-will-soon-have-a-5-4-stranglehold-on-the-supreme-court.html
He was in the majority when it came to attacking the Civil Rights Acts and Heller.............and Citizens United .......he is not for "We the People" by any means..........................
Sophia4
(3,515 posts)rurallib
(62,379 posts)But that is a ship that has sailed long ago.
Maybe not the worst but near the bottom, anyway.
So I doubt that is a concern anymore. Thus I believe he will be pretty much a reliable rich man's vote.
Voltaire2
(12,957 posts)FBaggins
(26,721 posts)He's closer to the center than the other four conservatives, so he becomes the most likely swing vote if any 5-4 decisions go our way.
This actually happened before. Kennedy was considered notably more conservative than O'Connor and many assumed that he would be a pretty reliable vote against us.
AlexSFCA
(6,137 posts)and I still dont have a good explanation for it. That vote would have been a no brainer for a federalist guy yet he voted to keep it.