THANKS, W:

Newer Justices Could Transform Supreme Court (Robert Barnes, 10/02/09, Washington Post)

The chief justice, 55, has emerged as a canny tactician, patiently moving the court's decisions to the right, but without bold steps.

"When the court has gotten to the brink of overruling a major precedent, the court has stepped back from the cliff," said Steven R. Shapiro of the American Civil Liberties Union.

Whether that is because of Roberts's preference for narrow and incremental change or because Justice Anthony M. Kennedy remains the decider between the court's equally divided conservative and liberal blocs is the great debate about the court.

But Dellinger and others expect Roberts to play a pivotal role that often eluded his mentor and predecessor, Rehnquist.

"With each passing term, Chief Justice Roberts may take an increasingly muscular role on the court," Dellinger said "Unlike any other chief justice, he comes to the position from a professional career as a Supreme Court advocate in which he excelled at persuading five justices to agree with his position."

It's probably because he isn't a lawyer that George W. Bush understood the institution of the Court so well and how to move it.

Posted by Orrin Judd at October 3, 2009 6:23 AM