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Monday, Sep 28 2015

Full Issue

On Anniversary, Chief Justice Roberts' Conservatism Questioned After Recent Court Decisions Like Health Law

As John Roberts marks his 10th year on the bench, news outlets examine growing concerns from right-leaning pundits and activists that the chief justice is moving to the left, despite his conservative record. Meanwhile, the Supreme Court will decide whether to take up the case challenging Obamacare's contraception mandate in the upcoming term.

And so the right鈥檚 case against the chief justice is thin, said Steven R. Shapiro, the legal director of the American Civil Liberties Union. 鈥淭he reaction is almost entirely due to the two health care decisions,鈥 he said, 鈥渁nd there is nothing else in his record that should be disappointing.鈥 In 2012, Chief Justice Roberts wrote the majority opinion rejecting a constitutional challenge to a central feature of President Obama鈥檚 health care law, the Affordable Care Act. In June, he wrote the majority opinion allowing nationwide tax subsidies under the law. Those rulings were unpopular with the right, but they do not provide much evidence that Chief Justice Roberts has turned into a liberal, said Brianne Gorod, a lawyer with the Constitutional Accountability Center, a liberal group that has issued a series of reports assessing the chief justice鈥檚 decade on the court. (Liptak, 9/28)

When a divided Supreme Court handed down six major rulings in the last week of June, Chief Justice John G. Roberts Jr. came down firmly on the conservative side in five of them. ... as Roberts this week marks the 10th anniversary of becoming chief justice, he finds himself in the crosshairs of right-leaning pundits and GOP presidential hopefuls who brand him a disappointment and openly question his conservative credentials because of the one case of the six in which he voted with the court鈥檚 liberals. The decision marked the second time Roberts had voted to uphold President Obama鈥檚 healthcare law. ... Heading into an election year, the attacks on Roberts appear to reflect shifting views on the right about the court and the proper role for the justices. (Savage, 9/25)

Religion, birth control and President Barack Obama's health care overhaul are about to collide at the Supreme Court yet again. Faith-affiliated charities, colleges and hospitals that oppose some or all contraception as immoral are battling the administration over rules that allow them to opt out of covering the contraceptives for women that are among a range of preventive services required to be in health plans at no extra cost. (9/27)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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