Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Now that the Senate will begin confirmation hearings of deeply conservative D.C. Circuit Court judge Brett Kavanaugh to the U.S. Supreme Court, some liberals have turned to Justice John Roberts as the possible new centrist or “swing vote” on the court. Although Roberts is generally a reliably conservative voice, commentators point to a gentle leftward drift and a few key votes as examples of his moderation, such as his majority opinion upholding Obamacare.

“Procedural Weeds”

Justice Roberts, the argument goes, might have genuine conservative priors. But he is also deeply committed to protecting the institution of the Supreme Court itself and insulating it from the charge that it has just become a third political branch of the federal government. For anyone worried about the future of abortion access, LGBT rights, affirmative action, or pushback against the executive excesses of the Trump presidency, this isn’t a bad strategy. Roberts seems, at worst, committed to a strategy of incremental change rather than abrupt action, like a vote to completely overturn Roe v. Wade. The more hopeful among us offer soothing reassurances that Roberts’ long-term interest in the institution of the Supreme Court will be a powerful moderating influence, both in the votes he casts and in the opinions he writes.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.