Roberts Court
The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. Roberts succeeded William Rehnquist as Chief Justice after Rehnquist's death.
It has been considered to be the most conservative court since the Vinson Court, with landmark rulings falling along partisan lines and very close confirmation votes for most of its members.
The ideology of the Roberts court was shaped early on by the retirement of the relatively moderate Justice Sandra Day O'Connor and the confirmation of the more conservative Justice Samuel Alito in 2006. The ideological balance shifted further rightward through the replacement of swing-vote Anthony Kennedy with Brett Kavanaugh in 2018 and the replacement of liberal Ruth Bader Ginsburg with Amy Coney Barrett in 2020. Some media outlets claim members of the Roberts court themselves are deeply politically polarized.
Membership
Roberts was originally nominated by President George W. Bush as an associate justice to succeed Sandra Day O'Connor, who had announced her retirement, effective with the confirmation of her successor. However, before the Senate could act upon the nomination, Chief Justice William Rehnquist died. President Bush quickly withdrew the initial nomination and resubmitted it as a nomination for Chief Justice; this second Roberts nomination was confirmed by the Senate on September 29, 2005, by a 78–22 vote. Roberts took the constitutional oath of office, administered by senior Associate Justice John Paul Stevens at the White House after his confirmation the same day. On October 3, Roberts took the judicial oath provided for by the Judiciary Act of 1789, prior to the first oral arguments of the 2005 term. The Roberts Court commenced with Roberts as Chief Justice and the remaining eight associate justices from the Rehnquist Court: Stevens, O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, and Stephen Breyer.President Bush's second nominee to replace O'Connor, Harriet Miers, withdrew before a vote; Bush's third nominee to replace O'Connor was Samuel Alito, who was confirmed in January 2006. In 2009, President Barack Obama nominated Sonia Sotomayor to replace Souter; she was confirmed. In 2010, Obama nominated Elena Kagan to replace Stevens; she, too, was confirmed. In February 2016, Justice Scalia died; in the following month, Obama nominated Merrick Garland, but Garland's nomination was never considered by the Senate, and it expired when the 114th Congress ended and the 115th Congress began on January 3, 2017. On January 31, 2017, President Donald Trump nominated Neil Gorsuch to replace Scalia. Democrats in the Senate filibustered the Gorsuch. After that, Gorsuch was confirmed in April 2017. In 2018, Trump nominated Brett Kavanaugh to replace Kennedy; he was confirmed. In September 2020, Justice Ginsburg died; Trump nominated Amy Coney Barrett to succeed Ginsburg and she was confirmed on October 26, 2020, eight days before the 2020 election.
In January 2022, Breyer announced his retirement effective at the end of the Supreme Court term, assuming his successor was confirmed, in a letter to President Joe Biden. Biden nominated Ketanji Brown Jackson to succeed Breyer, and she was confirmed by the Senate three months later. Breyer remained on the Court until it went into its summer recess on June 30, at which point Jackson was sworn in, becoming the first black woman and the first former federal public defender to serve on the Supreme Court.
Timeline
Other branches
Presidents during this court have been George W. Bush, Barack Obama, Donald Trump, and Joe Biden. Congresses included the 109th through the current 119th United States Congresses.Rulings of the Court
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:- Massachusetts v. EPA : In a 5–4 decision in which the majority opinion was delivered by Justice Stevens, the Supreme Court upheld the Environmental Protection Agency's right to regulate carbon dioxide under the Clean Air Act.
- Medellín v. Texas : In a 5–4 decision in which the majority opinion was delivered by Chief Justice Roberts, the Supreme Court held that even when a treaty constitutes an international commitment, it is not binding domestic law unless either the United States Congress has enacted statutes implementing it or the treaty is explicitly "self-executing".
- District of Columbia v. Heller : In a 5–4 decision in which the majority opinion was delivered by Justice Scalia, the Supreme Court held that the Second Amendment applies to federal enclaves, and that the amendment protects the right of individuals to possess a firearm, regardless of service in a militia. McDonald v. City of Chicago, in a 5–4 decision written by Justice Alito, extended this protection to the states.
- Kennedy v. Louisiana : In a 5–4 decision written by Justice Kennedy, the court ruled that the Eighth Amendment prohibits capital punishment for crimes that do not involve homicide or treason.
- Ashcroft v. Iqbal : In a 5–4 decision written by Justice Kennedy, the court reversed the Second Circuit's decision not to dismiss a suit against former Attorney General John Ashcroft and others that claimed that the FBI engaged in discriminatory activities following the 9/11 attacks. The court also extended the heightened pleading standard established in Bell Atlantic Corp. v. Twombly, which had previously applied only to antitrust law. The number of dismissals greatly increased after the Iqbal ruling.
- Citizens United v. Federal Election Commission : In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non-profits violated First Amendment freedom of speech rights.
- National Federation of Independent Business v. Sebelius : In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell, the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas, the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer.
- Arizona v. United States : In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement.
- Shelby County v. Holder : In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965, which provided a coverage formula for section 5 of the Voting Rights Act, is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect.
- Burwell v. Hobby Lobby : In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act.
- Riley v. California : In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional.
- Obergefell v. Hodges : In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same-sex couples to marry.
- Whole Woman's Health v. Hellerstedt : In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion.
- Trump v. Hawaii : In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States, which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II.
- Carpenter v. United States : In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell-site records is a Fourth Amendment search, and, thus, generally requires a warrant.
- Janus v. AFSCME : In a 5–4 decision, the Court ruled that public-sector labor union fees from non-union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees.
- Timbs v. Indiana : In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures.
- Rucho v. Common Cause : In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions.
- Bostock v. Clayton County : In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation.
- Espinoza v. Montana Department of Revenue : In a 5–4 decision written by Chief Justice Roberts, the Court held that a state-based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution.
- New York State Rifle & Pistol Association, Inc. v. Bruen : In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment rights.
- Dobbs v. Jackson Women's Health Organization : In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion.
- Kennedy v. Bremerton School District : In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51-year-old precedent known as the "Lemon test".
- Moore v. Harper : In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory.
- Students for Fair Admissions v. Harvard : In a 6–2 decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger.
- 303 Creative LLC v. Elenis : In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion.
- Trump v. Anderson : In a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
- Loper Bright Enterprises v. Raimondo : In a 6–3 decision delivered by Chief Justice Roberts, the Court overturned Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which was one of the most cited cases in administrative law, ruling that it conflicted with the Administrative Procedure Act.
- Trump v. United States : In a 6–3 decision, the court ruled that the President has absolute immunity for official actions taken under his core constitutional powers, presumptive immunity for other official actions, and no immunity for unofficial actions.