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Because They Work, Get Ready for More Attacks on John Roberts

The New York Times has an op-ed attacking John Roberts and the Supreme Court. It comes as the Court gets back together for another session.

With the court on the precipice of a dangerous lurch rightward, polling data indicate that Democrats have a positive view of Chief Justice John Roberts, who has expressed regard for precedent and concern for the court’s legitimacy, encouraging a view that he will step in to prevent partisan excess. Yet history suggests that Democrats have much to fear. The chief justice is neither a swing vote among his four liberal and four conservative justices, nor a moderate. Expect him to land time and again with the conservatives.

Get ready for more of this. It works.

Since the Obamacare case, it has become really clear that John Roberts cares about his press and the coverage of the Court. This has incentivized attacks on Kavanaugh and on the legitimacy and partisanship of the Court.

Every year, new stories come out about Roberts being a political operator behind the scenes. The latest was the census opinion. That Roberts can be persuaded by political concerns and howls in the press has left the Court open to this sort of roughing of the refs.

If Roberts would hold his ground instead of blowing in the winds of progressive fury designed to shift him, he would do a better job of protecting his colleagues from partisan attacks and would preserve the reputation of the Court as an honest broker.

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