The American Spectator

home
ADVERTISEMENT
Print Email
Text Size

The Spectacle Blog

As is so often the case, the editorial page of The Wall Street Journal exposes what liberal duplicity hath wrought. This time it’s the Senate Judiciary Committee’s contingent of Democrats who used the Elena Kagan confirmation hearings to harangue the Roberts Court as wildly right of center. That’s hardly the case.

Yes, the Citizens United (corporate campaign donations) and McDonald (gun rights) cases are controversial, but such examples haven’t dominated the high court’s agenda. As the WSJ argues:

[T]he Roberts Court is really a centrist Court that swings left and right depending on the subject. It also routinely decides cases on narrow grounds that pull a larger majority. In the 2006 term, some 70% of the Court's cases were decided unanimously, and this term saw 56% of the cases decided either unanimously or by an 8-1 margin. While that number has ebbed and flowed depending on the term, there's no question Justice Roberts has proven to be a pragmatic jurist who is wary of overturning precedents without ample legal and historical justification.

On property rights this term, the Court ruled 8-0 against property owners in a case called Stop the Beach Renourishment v. Florida. On antitrust law, it ruled unanimously against the National Football League in a case that would have significantly loosened antitrust restrictions. In one of the term's final decisions, Justice Roberts himself voted with the Court’s liberal bloc in a case that ruled out life sentences for juvenile criminals in non-murder cases.

Kagan, wisely, refused to enter the partisan fray by criticizing the court. It wouldn’t have been political suicide if she had, because Democrats will vote for her regardless, but it would have made the case against her that much more compelling for Republicans. That’s why Kagan didn’t go there.

Here’s the rub, though. Democrats are very uncomfortable with a court that isn’t solidly left leaning, because anything else puts their social agenda, won primarily over the decades by judicial fiat, at risk. Indeed, the lion’s share of liberals’ domestic agenda is reliant on friendly judges in the court system. It’s the principal reason they’re whining about the Roberts Court.

View all comments (1) | Leave a comment

Oldefarte| 7.6.10 @ 1:16PM

David is absolutely correct, since, in my substantial lifetime, the liberals [ie Warren] have dominated the SCOTUS [and also the national presidency and congress]. Kagan's placement is solely based upon her being probably a closet homosexual, and, as such, will vote affirmatively for any/all homosexual agenda cases coming before the SCOTUS!!!!!!!

Leave a Comment

N.B. We encourage readers to share and discuss their thoughtful and relevant comments about this Spectator article. Comments are routinely monitored and will be deleted if profane, bigoted, or grossly impolite. Please be respectful. (And don't feed the trolls!) Thank you.

More Blog Posts by David N. Bass

http://spectator.org/blog/2010/07/06/dispelling-the-roberts-court-m

ADVERTISEMENT

SPONSORED LINKS

Special Feature

Better that we become a nation of choosers rather than beggars. Our symposium on choice from the May, 2012 issue:

A Time for Choosing

James Piereson

The Road from Serfdom

Stephen Moore and Peter Ferrara

FLASHBACK TO: 1984

Clip of the Day

Most Popular Articles

Meet the Flukes!

F. H. Buckley | 5.25.12

The Wisconsin Turning Point

Peter Ferrara | 5.23.12

In Search of Muhammad

Aymenn Jawad Al-Tamimi | 5.25.12

Age and Kyl

Quin Hillyer | 5.25.12

Follow Me

Jay D. Homnick | 5.25.12

A Test of National Honor

Hal G.P. Colebatch | 5.25.12

How About the Record of DOE Capital?

William Tucker | 5.25.12

The Great Debate

R. Emmett Tyrrell, Jr. | 5.24.12

ADVERTISEMENT