Whither the Roberts Court?

Abstract

This essay examines the first three terms of the Roberts Court and assesses John Roberts' leadership as Chief Justice. It begins by examining Roberts' appointment to the Court, his constitutional views, and his leadership style. It then turns to examine the Court's major decisions and decision-making trends during its first three terms. It concludes by considering the impact of the recent presidential election on the Court and Roberts' leadership going forward. It contends that although John Roberts has impressive skills as a jurist and a leader of the Court, he is likely to find himself (and thus his ability to lead the Court) increasingly at odds with broader developments in the American politics.

Obama and the Federal Judiciary: Great Expectations but Will He Have a Dickens of a Time Living up to Them?

“…Those of us who study and take an interest in judicial selection politics are not timid when it comes to speculating how President Barack Obama will use his appointment power to reshape the federal judiciary (Clayton & Christensen 2008). Indeed, given that the President is a former professor of constitutional law, it is not unreasonable to expect that he will take a hands-on approach.…”