Litigation

Roberts? Court Conservatism ?Shown by Data?

By Peter Hardin

The Supreme Court under Chief Justice John G. Roberts Jr. is decidedly the most conservative one in decades, and it was the replacement of Justice Sandra Day O’Connor by Justice Samuel A. Alito Jr. that has defined it.

These are the leading conclusions of a lengthy analysis of the five terms of the court led by Justice Roberts, drawing on four sets of political science data and published in a New York Times article. Reporter Adam Liptak writes about conservative Justice Alito’s taking the place of more moderate Justice O’Connor, who was at the court’s center:

“Though Chief Justice Roberts gets all the attention, Justice Alito may thus be the lasting triumph of the administration of President George W. Bush. He thrust Justice [Anthony] Kennedy to the court?s center and has reshaped the future of American law.”

Liptak also offers his analysis of what this trend means for the future under the Roberts court:

“[I]t is likely to allow a greater role for religion in public life, to permit more participation by unions and corporations in elections and to elaborate further on the scope of the Second Amendment?s right to bear arms. Abortion rights are likely to be curtailed, as are affirmative action and protections for people accused of crimes.”

While court’s shift in direction is decidedly rightward, it is “modest,” the article reports. (Justices Alito, left, and Roberts, right, are shown in photo.)

Full post as published by The Gavel on July 26, 2010 (boomark / email).