{"id":1462602,"date":"2022-05-03T16:44:35","date_gmt":"2022-05-03T20:44:35","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1462602"},"modified":"2022-05-03T17:03:23","modified_gmt":"2022-05-03T21:03:23","slug":"the-swing-vote-roberts-reported-siding-with-liberal-wing-on-roe-reversal-part-of-pattern","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-swing-vote-roberts-reported-siding-with-liberal-wing-on-roe-reversal-part-of-pattern\/","title":{"rendered":"The \u2018Swing Vote\u2019: Roberts\u2019 Reported Siding With Liberal Wing On Roe Reversal Part Of Pattern"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">30<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthe-swing-vote-roberts-reported-siding-with-liberal-wing-on-roe-reversal-part-of-pattern%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1462602&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" class=\"ff-og-image-inserted\" src=\"https:\/\/dw-wp-production.imgix.net\/2022\/05\/GettyImages-1238865241.jpg?w=1200&#038;h=800&#038;ixlib=react-9.3.0\" alt=\"image\" \/><\/div>\n<p>If <a href=\"https:\/\/www.dailywire.com\/topic\/john-roberts\">Chief Justice John Roberts<\/a> ends up siding with the <a href=\"https:\/\/www.dailywire.com\/topic\/supreme-court\">Supreme Court<\/a>\u2018s liberal wing against striking down <em>Roe v. Wade<\/em> when the official decision comes down, it will only be the latest example of the <a href=\"https:\/\/www.dailywire.com\/topic\/george-w-bush\">George W. Bush<\/a> appointee disappointing conservatives.<\/p>\n<p>Roberts reportedly did not concur with the five conservative justices in signing <a href=\"https:\/\/www.dailywire.com\/news\/5-key-takeaways-from-the-leaked-majority-opinion-draft-overruling-roe-v-wade\">Justice Samuel Alito\u2019s draft opinion<\/a> on <em>Dobbs v. Jackson Women\u2019s Health Organization,<\/em> which was leaked by Politico Monday night. The decision, if made official, would reverse the landmark 1973 decision guaranteeing the federal right to abortion. Without Roberts\u2019 vote, it would likely carry by a 5-4 vote.<\/p>\n<p>\u201cHe has voted with the progressive wing on abortion, immigration and Title VII, and has established himself as the high court\u2019s swing vote,\u201d <a href=\"https:\/\/www.heritage.org\">Heritage Foundation<\/a> Senior Legal Fellow\u00a0Sarah Parshall Perry told The Daily Wire.<\/p>\n<p>Perry cautioned that it remains to be seen where Roberts will come down in the court\u2019s final ruling, but said the Chief Justice hinted that he is looking for a compromise during oral arguments months ago that would uphold a narrower version of <em>Roe<\/em>.<\/p>\n<p>If Roberts is not with the conservative wing, it won\u2019t come as a surprise to SCOTUS observers.<\/p>\n<p>Roberts, who was appointed in 2005, first drew the ire of conservatives seven years later, when he cast the deciding vote\u00a0to uphold President Obama\u2019s signature health insurance reform law, the Affordable Care Act. His majority opinion in the case, <em>NFIB v. Sibelius<\/em>, held that the penalty imposed by the law for not getting health insurance was a tax, and thus within the power of Congress to levy.<\/p>\n<p>In 2016, Roberts helped hand the Obama administration a huge win when he sided with the liberal wing and refused to block an Environmental Protection Agency regulation limiting emissions of mercury and other toxic pollutants from coal-fired power plants. Conservatives blamed the ruling for the shutdown of coal-fired plans, loss of jobs, and raise of energy costs.<\/p>\n<p>In 2020, Roberts again sided with the court\u2019s liberal wing to uphold Obama\u2019s Deferred Action for Childhood Arrivals (DACA), or \u201cDreamers\u201d act. The\u00a0program had been created by Obama eight years earlier after Congress refused to pass the Democrats\u2019 plan to grant amnesty to so-called \u201cDreamers\u201d \u2014 illegal aliens brought into the U.S. while minors.\u00a0President Trump rescinded the program and gave Congress six months to find a compromise, but they didn\u2019t.<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"500\" data-dnt=\"true\">\n<p dir=\"ltr\" lang=\"en\">John Roberts\u2019 Cowardice On Obamacare Is Why The Left Thinks It Can Bully and Extort SCOTUS <a href=\"https:\/\/t.co\/WKLaiUVa7u\">https:\/\/t.co\/WKLaiUVa7u<\/a><\/p>\n<p>\u2014 Mollie (@MZHemingway) <a href=\"https:\/\/twitter.com\/MZHemingway\/status\/1521500652844769280?ref_src=twsrc%5Etfw\">May 3, 2022<\/a><\/p><\/blockquote>\n<p>The Trump administration argued before the high court that Obama had lacked the\u00a0constitutional authority to enact DACA, hoping a victory would force Democrats to work out a deal. Roberts, who wrote the majority opinion ruling against Trump, conceded the point, but said\u00a0the Trump administration \u201chad failed to provide enough consideration about what would happen to the 700,000 people who had registered for the DACA program.\u201d<\/p>\n<p>\u201cJohn Roberts again postures as a Solomon who will save our institutions from political controversy and accountability,\u201d Sen. Tom Cotton, R-Ark., said in a statement following the ruling. \u201cIf the Chief Justice believes his political judgment is so exquisite, I invite him to resign, travel to Iowa, and get elected. I suspect voters will find his strange views no more compelling than do the principled justices on the Court.\u201d<\/p>\n<p>Also in 2020, Roberts partially dissented from a major decision that allowed to stand a Texas law that bans abortion after six weeks.<\/p>\n<p>In 2021, Roberts sided with the majority in refusing to hear a high-profile case concerning whether a transgender student was entitled to use the bathroom of his choice at school. The decision, to which Justices Alito and Thomas objected, left in place a lower court\u2019s ruling in favor of the child and was seen as a\u00a0victory for LGBTQ advocates.<\/p>\n<p>And earlier this year, joined the court\u2019s liberal wing to criticize the conservative majority\u2019s handling of so-called emergency requests that critics call the \u201cshadow docket.\u201d He joined the liberal dissent against the emergency order temporarily reinstating a Trump-era Clean Water Act rule which cut some\u00a0federal protections for streams and wetlands.<\/p>\n<p class=\"paywall\">The court typically requires a showing of \u201cirreparable harm\u201d to issue an emergency order, but Roberts and the liberal wing accused the conservatives of using the emergency docket \u201cnot for emergencies at all,\u201d as Justice Elena Kagan wrote.<\/p>\n<p>Roberts, who has voted with the conservative wing more often than not, bristles at suggestions that politics affect the court\u2019s work. In 2018, when then-President Trump described a lower court judge who had ruled against a Trump asylum policy as \u201can Obama judge,\u201d Roberts issued a rare rebuke.<\/p>\n<p class=\"speakable\">\u201cWe do not have Obama judges or Trump judges, Bush judges or Clinton judges,\u201d Roberts said in a \u00a0statement. \u201cWhat we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.\u201d<\/p>\n<p><a class=\"link\" href=\"https:\/\/harvardlawreview.org\/supreme-court-statistics\/\" target=\"_blank\" rel=\"nofollow noopener\" data-ylk=\"slk:According to the Harvard Law Review\" data-rapid_p=\"24\" data-v9y=\"1\">An analysis by the Harvard Law Review<\/a>\u00a0found Roberts sided with liberal Associate Justice Stephen Breyer 66% of the time in the 2020 term and with conservative Associate Justice Clarence Thomas 65% of the time.<\/p>\n<p>\u201cI don\u2019t think what we\u2019ve seen so far is early evidence of Roberts moving to the left or evolving,\u201d Ilya Shapiro of the Cato Institute recently <a href=\"https:\/\/www.theusconstitution.org\/news\/john-roberts-is-voting-with-liberal-justices-but-hes-not-one-of-them\/\">told the Constitutional Accountability Center<\/a>. \u201cNor is it Roberts becoming moderate like [former Justice Anthony] Kennedy, the true swing vote. It\u2019s just Roberts trying to use his power at the margins with procedural things to shape what kinds of decisions the court ultimately does rule on.\u201d<\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies for breaking news, investigative reporting, sports, podcasts, in-depth analysis, books, and entertainment for a reason: because we believe in what we do. We believe in our country, in the value of truth and the freedom to speak it, and in the right to challenge tyranny wherever we see it. Believe the same? <a class=\"in-cell-link\" href=\"https:\/\/utm.io\/ueuP8\" target=\"_blank\" rel=\"noopener\">Become a member now and join our mission<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>If Chief Justice John Roberts ends up siding with the Supreme Court\u2018s liberal wing against striking down Roe v. Wade when the official decision comes down, it will only be<\/p>\n","protected":false},"author":729,"featured_media":1481455,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1462602","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1462602","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/729"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1462602"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1462602\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1481455"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1462602"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1462602"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1462602"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}