Chief Justice Roberts’ Complex Term: Landmark Victories and Unlikely Alliances

Title: Chief Justice Roberts Delivers Landmark Victories for the Right and Forges Alliances with Liberal Justices

Date: July 1, 2023

The Supreme Court’s term came to a close this week, revealing a more complex narrative than the previous year’s conservative dominance. While the court issued conservative decisions on affirmative action, gay rights, and student loans, Chief Justice John G. Roberts Jr. played a pivotal role in both landmark victories for the right and significant rulings where he formed alliances with the liberal justices.

Last year, Chief Justice Roberts seemed to be losing power, failing to persuade any of his colleagues to join his compromise position in the case that eliminated the constitutional right to abortion. However, this term showcased his strategic approach and ability to secure liberal victories.

Chief Justice Roberts’s strategy and votes resulted in a fair number of liberal victories, with alliances formed between him and President Donald J. Trump’s three appointees, Justices Brett M. Kavanaugh, Neil M. Gorsuch, and Amy Coney Barrett. These alliances led to liberal victories in cases involving the Voting Rights Act, immigration, state legislatures’ role in elections, and Native American rights.

The data compiled by legal experts and political scientists indicate a shift towards a more moderate court. Chief Justice Roberts was in the majority in divided cases decided by signed opinions 86 percent of the time, second only to Justice Kavanaugh. Justice Thomas, who appeared to have gained control of the court at the start of the term, was last by this measure.

The court’s liberals, including Chief Justice Roberts, were in the majority in a considerable number of important cases, surpassing the court’s two most conservative members, Justices Thomas and Samuel A. Alito Jr.

The term also saw an increase in unanimous decisions, indicating efforts to forge consensus. The court’s liberals had a reasonably good term, with a higher rate of being in the majority in divided decisions compared to the previous term.

Alliances shifted during the term, with Chief Justice Roberts voting more frequently with liberal Justice Elena Kagan and less frequently with Justice Thomas. Justice Kavanaugh also found common ground with liberal Justice Ketanji Brown Jackson.

While some conservatives expressed frustration with the court’s direction, the term showcased victories for liberals, even if they were in cases where the court maintained the status quo. The American Civil Liberties Union also had a relatively high success rate, winning 11 out of 18 argued cases.

The court’s cautious approach on the shadow docket, where it issues terse orders in response to emergency applications, was also noted. The court allowed a commonly used abortion pill to remain available and permitted a transgender girl to compete on girls’ sports teams, both over the dissents of Justices Thomas and Alito.

As the court’s next term approaches, it remains to be seen how the dynamics will continue to evolve. The court will decide on important cases involving the Second Amendment, administrative law, and the Consumer Financial Protection Bureau.

In the final decision of the current term, Chief Justice Roberts rejected a key initiative of the Biden administration on student loans. The term showcased Chief Justice Roberts’ ability to navigate the court’s ideological divisions and deliver both conservative victories and unexpected alliances with liberal justices.The Supreme Court’s term this year has been marked by a complex mix of conservative victories and surprising alliances with liberal justices. Chief Justice John G. Roberts Jr. has played a pivotal role in shaping the court’s decisions, delivering both landmark victories for the right and significant rulings in which he forged alliances with the liberal justices.

While last year’s decisions eliminating the right to abortion and expanding gun rights were seen as stunning victories for conservatives, this year’s rulings were more in line with the conservative legal movement’s agenda. The court issued conservative decisions on affirmative action, gay rights, and student loans, with the court’s three Democratic appointees in dissent.

However, the story of this term is not simply one of a conservative juggernaut. Chief Justice Roberts, known for his incremental approach and concern for the court’s legitimacy, has managed to secure a fair number of liberal victories. He was in the majority in divided cases decided by signed opinions 86 percent of the time, second only to Justice Brett M. Kavanaugh.

Thanks to alliances with Chief Justice Roberts and President Donald J. Trump’s three appointees, the court’s three liberal justices were in the majority in several important cases. These cases included ones on the Voting Rights Act, immigration, the role of state legislatures in elections, and Native American rights. The three liberals were on the winning side more often than the court’s two most conservative members, Justices Clarence Thomas and Samuel A. Alito Jr.

The court’s shift towards moderation and consensus-building is evident in the increase in unanimous decisions, which grew to 47 percent from last term’s 28 percent. Chief Justice Roberts’ strategy and votes have played a significant role in this shift, as he has found common ground with both liberal and conservative justices.

However, some conservatives have expressed frustration with the court’s direction. They argue that Justices Kavanaugh, Neil M. Gorsuch, and Amy Coney Barrett have not lived up to expectations and have disappointed conservatives on certain issues.

Despite these frustrations, the liberal wing of the court had a reasonably good term. They were in the majority in divided decisions at a rate of 64 percent, compared to 73 percent for the conservative justices. This marks a significant improvement from the previous term, where the liberals trailed the conservatives by 34 percentage points.

The court’s next term, which starts in October, is still taking shape. It will address important issues such as the Second Amendment’s application to restraining orders for domestic violence and the Chevron doctrine, which requires courts to defer to administrative agencies’ interpretations of federal statutes.

In the last decision of the current term, Chief Justice Roberts concluded his majority opinion on student loans with an appeal to the public. He emphasized that the sharp exchanges among the justices were the products of good-faith disputes and that any misperception of disparagement would be harmful to the court and the country.

Overall, Chief Justice Roberts’ influence and strategic approach have shaped the court’s decisions this term, resulting in a mix of conservative victories and surprising alliances with liberal justices. The court’s shift towards moderation and consensus-building reflects a desire to maintain the court’s legitimacy and address the public’s waning confidence.

What were the notable alliances and shifts in alliances among the justices, particularly with Chief Justice Roberts voting more frequently with liberal Justice Elena Kagan and less frequently with Justice Thomas

Building was also evident in the increase in unanimous decisions this term. The court’s liberals had a higher rate of being in the majority in divided decisions compared to the previous term, suggesting a greater willingness to find common ground.

Chief Justice Roberts’s alliances also shifted throughout the term. He voted more frequently with liberal Justice Elena Kagan and less frequently with Justice Thomas. Justice Kavanaugh also found common ground with liberal Justice Ketanji Brown Jackson.

While some conservatives may be frustrated with the court’s direction, the term showcased victories for liberals, even if they were in cases where the court maintained the status quo. The American Civil Liberties Union had a relatively high success rate, winning 11 out of 18 argued cases.

The court’s cautious approach on the shadow docket, where it issues terse orders in response to emergency applications, was also notable. In controversial cases such as abortion and transgender rights, the court took a more moderate stance, allowing a commonly used abortion pill to remain available and permitting a transgender girl to compete on girls’ sports teams.

As the court’s next term approaches, it remains to be seen how the dynamics will continue to evolve. Important cases involving the Second Amendment, administrative law, and the Consumer Financial Protection Bureau will be decided. Chief justice Roberts’ ability to navigate the court’s ideological divisions and deliver both conservative victories and unexpected alliances with liberal justices will continue to shape the court’s decisions.