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Four Ways the Court’s Reputation Will Be Restored if the Alito Opinion Survives Roberts’ Taneyism


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As the nation awaits in the coming weeks the release of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization—the controversial Mississippi abortion case for which a draft of Justice Samuel Alito’s 5-4 majority opinion was leaked earlier this month—speculation continues to mount that Chief Justice John Roberts is now working to undermine the Alito majority and its overturning of Roe v. Wade, the 1973 decision that resulted in an absolutist ban on abortion restrictions.

That Roberts is trying to convince one of the justices now thought to be in the Alito majority to join himself and the three dissenting liberal justices in rejecting Alito’s opinion was suggested in a May 18th article, “Creeping Taneyism at the High Court: Can Roberts Alter Alito?” Arguing that Roberts is consumed with keeping in place his two-decade-old strategy of handing unexpected victories to the Democratic Party, the media, and militant left in order to protect the nation and the Court from what he sees as disruptions to social “stability” and the dangers of “polarized” politics, the article compares him to the Court’s fifth Chief Justice, Roger Taney, who sought in 1857 to ease the nation and the Court through the dangerous shoals of disunion over slavery with an ill-considered Dred Scott decision that ended only in stoking the fires of division. In tracing in detail the current Chief Justice’s remarkable history of media and Court maneuvers in service of vague concepts like “fluidity in the middle,” the article lays out Roberts’ shaky rationale for justifying his own abandonment in key cases of the constitutionalist principles on which he was first nominated and appointed to the Court in 2005.

But while Roberts may well be striving mightily behind the scenes to move votes—something he has done in an earlier abortion case (in which he successfully brought over to his side one of the more newly appointed justices)—the challenge he faces in the Mississippi case is daunting, since all three of the Trump-appointed justices (Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett) expressed during the December oral arguments considerable doubt about the legal rationale for keeping the Supreme Court, rather than state legislatures, as the ultimate arbiter of abortion law and practices.:snip:

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Chief Justice John Roberts’ []Taneyism[/b]? Hyperbole Much?  What Next? Impeachment for John Roberts? With this article i see The Problem with Populism now runig rampant in the GOP/Conservative movement. Anyone who disagrees with them Must be a bad terrible evil wicked person and a lackey of The Deep State (and probably a secret socialist).

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