Skip to main content

Is Chief Justice Roberts the New Man at the 'Center' for US Supreme Court?

Chief Justice John Roberts
Chief Justice John Roberts is the Supreme Court's new man in the middle. It's just that the middle may have moved well to the right.

The retirement of Justice Anthony Kennedy means Roberts probably will be the conservative justice closest to the court's four liberals, allowing him to control where it comes down in some of its most contentious cases.

Roberts will be the justice who determines "how far they go and how fast they go," said Washington lawyer John Elwood.

Kennedy played a similar role for many years — his votes on gay rights, abortion, the death penalty, the environment, voting rights and affirmative action basically determined the outcome of cases on which the court was divided between liberals and conservatives.

Roberts has typically been to Kennedy's right. He did not endorse a constitutional right to marry for same-sex couples. He dissented when the court struck down Texas abortion clinic restrictions in 2016. The chief justice also was in dissent from the court's first major climate change decision in 2007, when it held that the Environmental Protection Agency could regulate emissions of carbon dioxide and other greenhouse gases as air pollutants.

New cases on any of those issues could be before the court soon and, even if Roberts is not prepared to overrule major Supreme Court precedents, he could be in position to cut back on environmental protections as well as gay rights and abortion rights.

Smaller steps might be in keeping with Roberts' preference for avoiding major divides where possible, and attracting votes from both conservatives and liberals. The 63-year-old chief justice may be in no hurry to move quickly, as he could be on the bench another 15 to 20 years.

"Chief Justice Roberts, more than any other justice on the court, believes in narrow rulings that attract broad majorities, answering no more than necessary to resolve a given case," Jonathan Adler, a professor at the Case Western Reserve University School of Law, wrote on the Volokh Conspiracy legal blog.

In one sense, the Supreme Court's immediate future could look a lot like the term that just ended. Roberts seemed firmly in control of a court that overwhelmingly went conservative in divided cases, including upholding President Donald Trump's travel ban, striking a blow at public-sector labor unions, limiting workers' rights to band together to complain about pay and affirming Ohio's aggressive efforts to purge its voting rolls.

Only on one occasion did Roberts join with the liberal justices in a 5-4 decision, a ruling that said police generally must have warrants to get telecommunications companies' records showing where people have used their cellphones.

Twice, though, Roberts was among a larger grouping of justices in cases that skirted the big issue at stake, but that could return to the court. In one case, the justices rejected a lower-court ruling that set limits on redistricting for partisan gain, but without deciding whether limits ever could be imposed. In another, the court ruled in favor of a baker who would not create a wedding cake for a same-sex couple, yet left on the table the question of whether religious objections could be used to avoid complying with anti-discrimination laws that protect LGBT people.

For all his votes on the conservative side of issues, Roberts has had his critics on the right. They include Trump, who once labeled Roberts "an absolute disaster" for the chief justice's critical vote to uphold the Affordable Care Act in 2012. Trump has not publicly criticized Roberts since he's been president.

The case arose in the middle of the 2012 presidential campaign, in which Barack Obama was seeking re-election and the health care law also known as "Obamacare" was a major issue. Then, as now, the five conservatives were nominees of Republican presidents, while the four liberals were chosen by Democrats.

In the end, Roberts sided with the liberals, a decision some court observers have attributed in part to concern about public perceptions of the court and the chief justice's desire to be seen as above the political fray.

"He's conservative, but he is an institutionalist. He believes deeply in the Supreme Court," said George Washington University law professor Jonathan Turley.

A test of Roberts' ability to set the court's agenda could come on the topic of guns, said UCLA law professor Adam Winkler.

Roberts voted in favor of gun rights in two cases that held that Americans have the right to have guns, at least for self-defense in their homes. But the court has since rejected repeated attempts to expand on the right of gun ownership, in part because Roberts and Kennedy would not join the other conservative justices to take on a new case.

It takes the votes of four justices for the court to agree to review a case. If Kennedy's replacement is a fourth vote for a new case about guns, then Roberts might soon have to weigh in on issues like the right carry a concealed firearm in public or bans on assault weapons, Winkler said.

Source: The Associated Press, June 30, 2018


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.