Chief Justice Roberts bringing in the High Court for a smooth or bumpy landing?
There are a lot of cases on the docket to be handed down….
CNN: “Under normal circumstances on decision days at the end of June, the Supreme Court emerges from behind crimson curtains to finally issue the most controversial cases of the term after months of closed-door deliberations. Wearing their judicial robe and exhausted from the final push of work, the justices take their seats and the majority opinion is read by its author.”
“None of that is expected to happen this month.”
“With no pomp and circumstance, an official will push a button and opinions changing the contours of some of the most divisive social issues of the day including abortion, gun rights, religious liberty and the environment — will simply be released via the internet.”
Could the Chief Justice adjust the courts ruling on abortion in response to the blowback on the leaked initial view of the Alito 5?
The Supreme Court has been very tight-lipped since the leak of the Roe opinion draft, and the court never comments on opinions ahead of time. But a deep dive into Roberts public speeches and commentary at court arguments may offer somewhat of a roadmap to what a Roberts compromise might be on Roe if he is able to find one at the 11th hour. The court could issue its abortion ruling any time in the next two weeks, before the justices leave town for their usual summer break.
The central organizing principle for a Roberts opinion is likely to be one he has articulated many times: that the court shouldn’t issue a sweeping decision when a more modest one would do.
“I think judicial decisions should be narrower, rather than broader,” Roberts said at the University of Minnesota Law School in 2018. “Courts sometimes get in trouble when they try to sweep more broadly than necessary.”…