“It’s fair to say the blood pressure’s already very high, and the Supreme Court, and in particular John Roberts, made a decision not to push it any higher,” said Joshua Matz, a partner at Kaplan Hecker & Fink who was a clerk for retired Supreme Court Justice Anthony M. Kennedy.
Fulcrum of the court
Roberts, who has talked about his overriding concern to use his perch as chief justice to maintain the legitimacy of the court as nonpartisan, joined the four justices of the court’s liberal wing in surprising ways in some of the most contentious cases. Those decisions sometimes simply pushed the issue off for another time, but he still drew sharp criticism from conservatives.
In the end, Roberts fully established himself as the fulcrum of the court. He was in the majority for 97 percent of the cases, said Adam Feldman, a Supreme Court scholar who runs Empirical SCOTUS, which analyzes data for insights into the justices.
The only other justice during Roberts’ tenure to be on the winning side that often is Kennedy, who was considered the court’s swing vote until he retired in 2018. The last time a chief justice was in the majority that frequently was in the 1940s, Feldman said.
Roman Martinez, a Supreme Court litigator at Latham & Watkins law firm and a former law clerk for Roberts, called that run in the majority “remarkable.”
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Chief justice leads Supreme Court through tempered term - Roll Call
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