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Chief Justice Roberts smile isn't so cheery afterall.
June 5, 2009 1:18 AM

Jeffrey Toobin has profiled John Roberts's last four years as Chief Justice of the U.S. Supreme Court over at The New Yorker and it is very illuminating:

Roberts's face is unlined, his shoulders are broad and athletic, and only a few wisps of gray hair mark him as changed in any way from the judge who charmed the Senate Judiciary Committee at his confirmation hearing, in 2005.

"Judges are like umpires," Roberts said at the time. "Umpires don't make the rules. They apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ballgame to see the umpire." His jurisprudence as Chief Justice, Roberts said, would be characterized by "modesty and humility." After four years on the Court, however, Roberts's record is not that of a humble moderate but, rather, that of a doctrinaire conservative. The kind of humility that Roberts favors reflects a view that the Court should almost always defer to the existing power relationships in society. In every major case since he became the nation's seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff. Even more than Scalia, who has embodied judicial conservatism during a generation of service on the Supreme Court, Roberts has served the interests, and reflected the values, of the contemporary Republican Party.

Back in 2005, it was hoped that John Roberts's congeniality would translate into more empathy for the plight of the downtrodden. It may turn out that way yet...this story has decades to play out. But so far, his smiling face has belied the cold, rarefied background of a Washington, D.C. that seems to have led him to favor the powerful over the weak.


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