Opinion | We May Get a Conservative Chief Justice

” was the headline of an article I wrote in the Journal late in 2004. I urged President George W. Bush to elevate Justice Clarence Thomas if Chief Justice William Rehnquist retired the following year. Mr. Bush didn’t follow my advice when Rehnquist died in September 2005. But as Amy Coney Barrett dons her high-court robe, Justice Thomas may find himself filling an unaccustomed leadership role.

Over the past decade Chief Justice John Roberts emerged as a frequent swing vote when the associate justices divided 4-4 along familiar liberal-conservative lines. In numerous cases—most famously, which upheld ObamaCare—he cast his vote with the four Democratic appointees, although his opinions were sometimes less sweeping than theirs.

A charitable observer would say that Chief Justice Roberts is concerned about the court’s legitimacy and independence—that he wishes above all to avoid the perception that it responds to political pressure. An uncharitable one would say that in pursuit of that objective, he is creating not only the appearance but the reality of a political court. Either way, with a Republican-appointed majority of associate justices, the chief justice has lost this tie-breaking power.

That’s where Justice Thomas comes in. The chief justice is an especially potent swing voter, because he also has the power to assign authorship of the majority opinion, including to himself. That can help shape a decision’s scope and direction—usually, in Chief Justice Roberts’s case, by making it more tentative.

If the chief justice is in dissent, however, the assignment power falls to the most senior associate justice in the majority. Clarence Thomas is now the most senior justice, so he will assign authorship any time he is in the majority and Chief Justice Roberts dissents.

opinion jamestaranto Justice Thomas has proved to be one of the worst judges the Supreme Court has ever had. Republicans jam unfit judges into the Supreme Court to force their ideology on the country. Anyone who understands the history of the court knows it is not in a good place

opinion jamestaranto What an ugly group - both inside and out... Two predators, an enabler and an idiot...

opinion jamestaranto JoeBiden had to be rushed away today when in mid sentence he went delusional. He doesn’t have the mental capacity to be President if he can’t keep his dementia under control.

opinion jamestaranto

opinion jamestaranto oh goodie, the guy who likes to leave pubic hairs on cans of coke.

opinion jamestaranto If you're okay with McConnell not allowing a vote on the seat vacated by Scalia but are okay with him ramming through a vote on the one vacated by Ginsburg, your opinion means nothing.

opinion jamestaranto WSJ, So the senate takes a life long law scholar that practices being a Judge FOR ONLY 3 YEARS and PLACES HER on the supreme court... Didn’t we already elect and inexperienced President with catastrophic results... “Oh ok, well that answers the question!”

opinion jamestaranto Well, McConnell showed Democrats the way: if they keep the House, win the Senate and Presidency, they should expand the Court from 9 to 13. It’s been done before - seven times. Exercise power, norms do not matter any more. These are the McConnell Rules

opinion jamestaranto It's not a matter of 'gets to assign', there is no 'gets' to it.

opinion jamestaranto WE WILL SAVE LIVES, WE MUST STOP THE KILLING OF BABIES, BY DEMOCRATS.

opinion jamestaranto From what we’ve seen, only Barrett and Gorsuch have logical thoughts processes.

opinion jamestaranto Don’t get your hopes up. If Roberts doesn’t want Thomas to have that authority, he’ll just vote with the majority. No substantive difference between a 6-3 or 5-4 decision.

opinion jamestaranto It’s within constitutional rights to pack the court... but Biden & team has to win Nov 3rd. Last mile!

opinion jamestaranto Justice Thomas was considering retiring, but now that he's poised to be the most powerful justice on the court he might stick around for a while.

opinion jamestaranto Roberts was a huge mistake. What a pansy

opinion jamestaranto Great stuff

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