Commentary: Two Americas Collide at the Supreme Court

When President Biden fumed that the Supreme Court’s affirmative action ruling is “not normal,” he spoke more truth than he may have intended. It is certainly not normal nowadays to acknowledge, even implicitly, that discrimination against whites is possible, or even wrong. The Supreme Court blasted the vaporous pretexts that elites have used to justify this invidious scheme, which has carried on indefinitely, feasting on countless dreams without satisfying a bottomless hunger of unquantifiable grievance. The sentimental and, arguably, self-serving wailing of the dissenters, particularly Justice Jackson, draws from that same source.

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Conservatives Call Out Chief Justice John Roberts on Abortion Ruling: ‘He’s a Disgrace’

by Mary Margaret Olohan   Conservatives are turning against Chief Justice John Roberts after the Supreme Court justice sided with liberal judges in a monumental abortion ruling. Chief Justice John Roberts sided with liberal members of the court in the close 5-4 ruling, writing that “the Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons.” Pro-lifers and conservatives alike had anxiously awaited Robert’s decision on the landmark abortion ruling, worrying that Roberts might side with the liberal justices based on his previous votes earlier in June. Conservatives ripped into Roberts Monday following news of the decision.  Turning Point USA Founder Charlie Kirk called the chief justice “a disgrace” while former Arkansas Gov. Mike Huckabee condemned Roberts as “an empty black robe.” Political commentator Dinesh D’Souza labeled “a sizable majority of #SCOTUS justices” including Justices Souter, Kennedy, and Roberts, “unreliable turncoats.” Republicans have nominated a sizable majority of #SCOTUS justices, yet one after another—from Souter to Kennedy to Roberts—they have proven to be unreliable turncoats. The conservative strategy of naming judges supposedly faithful to “original intent” is now a confirmed failure — Dinesh D'Souza (@DineshDSouza) June 29, 2020 “Roberts has destroyed any credibility the Court may have…

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Biography Reveals New Details Of Roberts’ Obamacare Vote

by Kevin Daley   A forthcoming biography of Chief Justice John Roberts contains the first account of the Supreme Court’s internal politicking over the 2012 NFIB v. Sebelius decision, in which Roberts joined with the Court’s four liberals to uphold the Affordable Care Act’s individual mandate. A review of the much anticipated book — the first major Roberts biography — will appear in the March edition of the Atlantic, which disseminates new details of the chief’s scheming in advance of the book’s release. The book relates that in the weeks following the March 2012 arguments, Roberts voted with the conservative bloc to strike down the individual mandate, finding Congress had exceeded its power under the commerce clause by compelling people to buy insurance. Roberts elected to keep the majority opinion for himself — one of the few formal powers of the chief justice is the duty to assign opinions. As time progressed, Roberts grew uneasy and sought a third way. Initially, he hoped Justice Anthony Kennedy — the vaunted swing justice who had negotiated compromise decisions in seminal cases before — would be amenable to such negotiations. Whatever his reputation, Kennedy was not a moderate but an idiosyncratic ideologue, and he was convinced the ACA was unconstitutional.…

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