There is an old saying that the Supreme Court of the United States is like “nine scorpions in a bottle”.
Nine members scurrying around with loaded poison tags – that’s definitely not Chief Justice John Robert’s vision for the representatives of the highest court in the United States.
Still, he must be feeling a sharp sting right now.
The other day the longtime went Judge Clarence Thomas issued surprising public criticism of the lawsuit in court. Speaking at a Conservative conference in Dallas, Texas, he spoke nostalgically about the period before 2005, that is, before John Roberts took office, when the judges “actually trusted each other.” Maybe they were a dysfunctional family, but they were still a family, Thomas said.
The Supreme Court is rocking after the political site Politico’s revelation in early May that five of the nine judges are prepared to remove the constitutional protection for abortions in the United States.
Clarence Thomas is part of the Conservative majority. John Roberts does not, despite being classified as a Conservative, and working for the Reagan administration in the fight against abortion as a young lawyer in Washington.
According to CNN The Chief Justice is instead trying to find a compromise in which states like Mississippi can lower the time limit for abortions, without completely abolishing the protection for abortions from the Roe v. Wade ruling.
The media company’s legal analyst Joan Biskupic concludes that Roberts and Thomas are involved in a “grand fight” that could mean the end for Roe against Wade and shake up the image of the court’s work.
The tensions in the Supreme Court show that the label Conservative encompasses so many different things today.
If conservatism is defined as an ideology that seeks to preserve the current order and something that has proven sustainable and meaningful over generations – well, then John Roberts is very much covered by the concept.
Hans wants to protect the Supreme Court as a stable and independent institution and keep law away from day-to-day politics. Ten years ago, he caused a stir among Republicans by rescuing then-President Obama’s healthcare team.
Roberts adheres to the principle that Congress has the right to legislate. He also defends the idea that the court is bound by previous decisions. That’s why he’s now trying to reach a consensus on Roe against Wade.
Clarence Thomas is conservative in another way – in that he stands for values that are cherished by the American right. He believes that other forces have politicized the law – and that the judges take to the principle of previous decisions when they do not want to think.
His wife Ginni Thomas was involved in the Trump camp’s attempt to eliminate the result in the 2020 presidential election. Attention is now being paid to abortions. The verdict is expected at the end of June. The question is whether the strategist Robert can move any judge from the conservative bloc. Brett Kavanaugh has been singled out as the most influential.
However it ends, it will be difficult for the Supreme Court to get away from the accusations of politicization. The rift between the lawyers becomes a mirror image of the rifts in the Republican Party, where conservative representatives attack each other. We recognize the thorns and the poison.
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