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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?


To: steve harris who wrote (723481)6/30/2013 12:23:41 PM
From: tejek  Read Replies (1) | Respond to of 1576032
 
What became clear during the momentous term that ended Wednesday is that the real Chief Justice Roberts has been there all along, hiding in plain sight. We just needed to know where to look. ... In its sweeping disregard of history, precedent and constitutional text, the chief justice’s 5-to-4 opinion in the voting rights case was startling for its naked activism, but no one watching the court over the past few years could have been surprised by the outcome. The court made clear in a 2009 decision that it had Section 5 of the Voting Rights Act, the “preclearance” provision, squarely in its sights. (Justice Ruth Bader Ginsburg’s devastating dissenting opinion last week read to me as if major portions had been written back in 2009, rendered unnecessary by the compromise outcome then, but saved for the day that she knew was coming.)

The chief justice’s antipathy toward the Voting Rights Act itself was well known, and was a significant reason that major civil rights groups opposed his confirmation to the court in 2005. Following his nomination, memos came to light that he had written more than 20 years earlier as a young lawyer in the Reagan administration. ...

If there is no mystery about the nature of the chief justice’s views, I remain baffled by their origin. Clearly, he doesn’t trust Congress; in describing conservative judges, that’s like observing that the sun rises in the east. But oddly for someone who earned his early stripes in the Justice Department and White House Counsel’s Office, he doesn’t like the executive branch any better.

opinionator.blogs.nytimes.com