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Domenico Montanaro, NBC News Political Reporter



SCOTUS: Judging the '09 term

Posted: Wednesday, July 01, 2009 9:11 AM by Domenico Montanaro
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"Chief Justice John G. Roberts Jr. emerged as a canny strategist at the Supreme Court this term, laying the groundwork for bold changes that could take the court to the right even as the recent elections moved the nation to the left," the New York Times writes. "The court took mainly incremental steps in major cases concerning voting rights, employment discrimination, criminal procedure and campaign finance. But the chief justice’s fingerprints were on all of them, and he left clues that the court is only one decision away from fundamental change in many areas of the law. Whether he will succeed depends on Justice Anthony M. Kennedy, the court’s swing vote. And there is reason to think that the chief justice has found a reliable ally when it counts."

"The Supreme Court will have a new look -- and perhaps a new member -- but the same right-of-center tilt when the justices return in late summer to deal with unfinished business about money in campaigns," AP writes. "Some justices will change seats with the retirement of Justice David Souter, with the more senior justices closer to the center of the bench. But the conservatives still should be able to muster majorities in the areas of civil rights and campaign cash."

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That activist conservative judge Roberts is just trying to legislate from the bench to bypass the will of the people.  This ravager of Truth, Justice and the American Way should be the one being replaced by Sotomayor.  Just goes to show how much Sotomayor is needed to fill out the bench come next term before robert's destroys our legal system.

Impeach Robert's Now!
A good summary of the just-ended term and an outlook on where the Court is going can be found at http://www.scotusblog.com/wp/thoughts-on-this-term-and-the-next/.  The Court is probably one of the few bright spots that Conservatives have to look at these days.  One thing to keep in mind: even if Obama serves two terms, its unlikely he'll be able to move the Court to the left.  Unless the Republicans' implosion continues beyond 2016, they should rest assured that this won't happen.
So the Chief Justice is going to legislate from the bench? Is that what you are saying? The Supreme Court has been very good over the centuries in making decisions that often surprise everyone. While most tend to lean one way or the other sometimes the precidence, law and of course the Constitution all must be considered not just one's biased opinion.
Judge Roberts and his four followers are "activist judges" (based on their recent New Haven decision in which the court intervened to overturn local government policy).

Part of the bullwork against such activism was, of all people, Judge Sottomayor who voted to have the court not intervene by changing local policy.
Uh oh, if Thomas ends up sitting too far away from Scalia, how will Thomas know how to vote?  They better hope the justices in between them will pass their notes back and forth for them...


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