Monday, June 26, 2017


In many decisions this term Chief Justice Roberts joined swing vote Justice Kennedy with the 4 democrats for 6/2 majority opinions.


In another 6/2 opinion Chief Justice Roberts along with Justice Kennedy joined the Democrats to find an Arkansas law which discriminates based on LGBTG status to be unconstitutional.  It related to parentage on birth certificates.  It is clear Chief Justice Roberts is now a swing vote leaning with the Democrats.

I give it two weeks before the mainstream press catches on to this story.


Today along the  Democrats Justices Kennedy and Roberts were part of the majorty upholding part of the Travel Ban Injuction.  The travel ban unjuction remains in place for anyone with family in the US, anyone who has been accepted to or is attending a U.S. school, or anyone who has accepted employment with or is actually working for a U.S. company.  The injuction was lifted as to individuals with no ties to the US.  Now there was political manuevering in that opinion because they completely stayed away from the question as to whether the ban was based on religious association.

This is significant because today they also issued an opinion stating state and federal funds can be used to build playgrounds at religious schools.  They cannot reconcile the two opinions so they just pretended the religious issue did not exist in the travel ban.  That was the compromise.  Most of the travel ban was kept in place to keep the Democrats from dissenting on the religious issue.


Today Justices Robert and Kennedy joined in an opinion remanding the border patrol officer case wherein he shot and killed a Mexican national near the river basin.  The opinion rejected the lower court finding of qualified immunity and ordered the lower courts to reexamine the opinions.  Again you have Roberts and Kennedy joining  the Democrats.  Now two Democrats signed a dissent but only to say the Supreme Court should have found no qualified immunity versus remanding the case to allow the lower courts to review their prior decisions.

Last week in an unusual case which goes to deportation Justices Roberts and Kennedy agreed with the  4 Democrats that if a lawyer mistakenly tells a criminal defendant that they cannot be deported if they plead guilty, the defendant is entitled to seek dismissal of his conviction based on the plea bargain upon learning the the lawyer's mistake.  It does not end there.  The court went on to say it does not matter the evidence is overwhelming the person is guilty, they are still entitled to dismissal of the conviction and entitled to a new trial.

I can go on and on with the endless 6/2 opinions wherein in Justices Kennedy and Roberts joined the Democrats.

So the question is, is Chief Justice Roberts the new swing vote?  The press is all lit up over the rumor Justice Kennedy will retire this term and there will be no swing vote.  The press which shocks no one with their incompetence makes no reference to Chief Justice Roberts new position as a swing vote.


Chief Justice Roberts is young and his children have entered the teenage years.  His children are living in a world the conservatives do not like.  Roberts is watching the social and economic change through his young children.  Chief Justice Roberts is evolving with his children into becoming a more equitable and just voice.

No comments: