May 22, 2006

JOHNNY, UNITE US:

Chief Justice Says His Goal Is More Consensus on Court (THE ASSOCIATED PRESS, 5/22/06)

Chief Justice John G. Roberts Jr. said Sunday that he was seeking greater consensus on the Supreme Court, adding that more consensus would be likely if controversial issues could be decided on the "narrowest possible grounds."

In a 15-minute address to Georgetown University law graduates, Chief Justice Roberts, 51, sketched a vision for leading a court sharply divided on issues like abortion, the death penalty and gay rights.

He said the nation would benefit if the justices could avoid 5-to-4 decisions in cases with sweeping impact, noting that many of the court's most controversial cases, including presidential wartime powers and political boundaries in Texas, would be decided in the final six weeks of the current term.

"If it is not necessary to decide more to a case, then in my view it is necessary not to decide more to a case," Chief Justice Roberts said.


Ironically, the chief stumbling blocks are likely to be intellectual ideologues like Scalia and Thomas who feel compelled to offer idiosyncratic reasoning even on decisions they agree with.

Posted by Orrin Judd at May 22, 2006 11:53 AM
Comments

Perhaps the mavericks might not feel that need in the Robert's court. I'm not a lawyer nor that interested in the nuts and bolts of court decisions, but when Roberts says he wants to decide cases on the "narrowest possible grounds," I think he hopes that will result in lots of unanimous decisions. Removing court decisions from the left's arsenal of weapons both real and ethereal would be a very good thing.

o/t Per Drudge, Justice Thomas seems to have been a bit indiscreet in his conversation with the president's sister at a book promotion. He should know better than to speak candidly in a public venue.

Posted by: erp at May 22, 2006 12:40 PM

Uh-oh, I hope Thomas' indescretion in re the Pres's sister didn't involve ye olde "pubic hair on the coke can" bit. You'd think he'd have learned his lesson on that one . . .

Posted by: Jim in Chicago at May 22, 2006 12:49 PM

Oh, wow. The CJ wants the Supreme Court to decide cases in accordance with established judicial procedure. We are shocked, shocked.

Now watch how the death machine is dismantled without "overturning Roe v. Wade."

Posted by: Lou Gots at May 22, 2006 1:36 PM

Aw, ol' Justice Thomas was just having some fun with Doro Bush. Don't make too much of it. Do make some hay, though, about Justice Thomas, in that same article, strongly hinting he has a long memory.

Posted by: Brad S at May 22, 2006 2:08 PM

And in that same article, Bush 41 redeems himself in the eyes of every staunch Republican by calling John Dean a creep.

Posted by: Brad S at May 22, 2006 2:09 PM

When they repudiate Roe v Wade and the establishment clause jurisprudence since Everson, they can pick their choice of grounds.

Posted by: pj at May 22, 2006 2:43 PM

Pj: I don't remember the word "repudiate" from my Jud Pro course. But naturally, that was many, many years ago. There was a lot about "distinguish," and some things about "narrow," and "limit."

I now expect to see majority opinions reading "We need not revisit. . .at this time," and concurrences ending with, "I also think that Carthage must be destroyed."

The course is already set. Baby-murder is now no longer treated like freedom of speech, a fundamental right which may not be "chilled." Expect to see significant chilling as the death machine is dismantled.

Posted by: Lou Gots at May 22, 2006 5:36 PM

oj. My apologies, I just noticed your great headline. One of your best.

Posted by: erp at May 23, 2006 11:41 AM
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