Tag Archives: Chief Justice Roberts

What “Withering Scrutiny”? Greenhouse on Judge Kavanaugh on Voting Rights

In the New York Times Opinionator blog, Linda Greenhouse tries to tease out tension between dicta by Chief Justice Roberts and dicta by Judge Kavanaugh that she suggests could influence the outcome of Shelby County v. Holder, the Voting Rights Act case in which the Supreme Court recently granted cert:  Continue reading

A Rendezvous with the D.C. Circuit Before Chief Justice Roberts Flees the Country

Chief Justice Roberts addressed the D.C. Circuit’s bench and bar in his first public remarks since he dropped the Health Care Cases bombshell on Thursday, reports Joe Mandak for the Associated Press. Roberts, a former D.C. Circuit Judge, was the guest of honor at the D.C. Circuit Judicial Conference the day after he announced the decision upholding most of the Affordable Care Act.

Although he dodged a question about how “one recent opinion might fit into” the Court’s legacy, the Chief Justice did allude to his largely unexpected decision to uphold most of the Affordable Care Act.   Continue reading

Roberts Turns Kavanaugh’s Taxing Power Hypo Into a Holding

In his dissent in Seven-Sky v. Holder, Judge Kavanaugh opined that the Affordable Care Act’s “shared responsibility payment” is a tax, and that it is therefore subject to the Anti-Injunction Act, which deprives the court of pre-enforcement jurisdiction over “any tax.” A majority of the Supreme Court (Chief Justice Roberts, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) agreed with Judge Kavanaugh on the first point (that the mandate may be considered a tax) but disagreed with him on the second (that it is subject to the AIA).  The competing rationales behind these decisions reflect two different conceptions of judicial restraint. Continue reading

A Chink in the Armour of Rational Basis Review for Economic Regulations?

Chief Justice Roberts, in his dissent yesterday in Armour v. City of Indianapolis, Indiana raises unanswered questions about the future of the Court’s review of economic regulations. Continue reading

Judge Silberman, et al., Win Rehearing En Banc in Judicial Pay Case

Judge Silberman is one of the named plaintiffs in a judicial pay case that the Federal Circuit recently agreed to hear en banc.  The suit is a constitutional challenge to legislation barring cost-of-living adjustments to federal judicial salaries despite a 1989 statute providing that such adjustments should be made automatically whenever other civil servants receive them. Continue reading

Does Oral Argument Matter?

Oral arguments “matter a great deal,” Senior Judge Raymond Randolph told the Federal Bar Association’s Section on Taxation earlier this month, as reported in Tax Notes Today (subscription required). Continue reading