Does John Roberts Still Matter?
CHIEF JUSTICE JOHN G. ROBERTS JR. IS SMART, shrewd and funny. His mastery as a D.C. appellate lawyer—the best of his time, arguing 39 times before the Court—led admirers to say his middle initial stood for God. (Alas, it’s “Glover.”) His rulings in controversial cases—including when he was the decisive vote in 2012 to uphold Obamacare—play the long game, planting the seeds for larger conservative triumphs his opponents now don’t realize. Only weeks after he was confirmed in 2005, when a light bulb exploded in the courtroom during argument, he quipped, “It’s a trick they play on new chief justices all the time!” But for all his talents, few at the Court profess to really know him. Although he’ll chat with colleagues at lunch about last night’s game, that’s about all anybody learns about what’s inside.
So it was astonishing several years ago that Roberts let his guard down. Law clerks were taking him to lunch a few blocks from the building. On the walk there, to make small talk, one asked, “How do you like the job?” Instead of pablum like, “It’s the privilege of a lifetime,” he showed his real self. Roberts reminded the clerks there had been only 16 chiefs before him. Of course he was thrilled to be No. 17. which established the Court’s authority over the other branches—a role that the actual text of the Constitution hardly manifested. In the conference room of the Court, where appeals are decided and where only the justices are allowed, Marshall’s portrait hung above the fireplace, gazing directly at Roberts, who presided over meetings. Marshall “had the opportunity to decide the great questions because the Constitution was undeveloped,” Roberts told the clerks.
