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September 21, 2005
Simpatico Supreme
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Jed Shugerman teaches legal history and politics at Harvard Law School. |
My colleagues in this discussion have much more experience in watching justices develop, and they have offered wise insights. I don't want to repeat their comments, but I'd just like to add that history shows that new justices on the Court tend to disrupt voting blocs, not only by their own vote, but also as the other justices attempt to persuade the new justice by showing their own open-mindedness and willingness to compromise.
I'd guess Chief Justice Roberts will be to the left of Chief Justice Rehnquist on a number of issues, but paradoxically he will move the Court slightly to the right. This is because he will be a better coalition-builder, and because he is more interested in persuasion and moderation. In the Rehnquist Court, O'Connor and Kennedy were sometimes alienated by Scalia and Thomas, and increasingly they swung to the moderate left bloc. Rehnquist generally aligned himself with Scalia and Thomas. My guess is that Roberts will be able to shake up the voting blocs, and that he will reach out to Kennedy, O'Connor and her replacement, and bring them on board more conservative decisions. He may even be able to persuade some of the four moderate left justices through compromise and dialogue.
Whether you're on the left or right, you'll win some and you'll lose some in this new dynamic. But given the recent sharp increase in 5-4 decisions on the Court, a renewed commitment to consensus is good for the Court and good for the law.
Posted at September 21, 2005 11:03 AM
Comments
I think all future chief justices should be steeped in the literary brine of Mark Twain. Only then will he or she have the proper perspective for the job.
Posted by: callie at October 3, 2005 08:50 AM