The Chief – BONUS POST

The Bonus Book of the Week is “The Chief, The Life and Turbulent Times of Chief Justice John Roberts” by Joan Biskupic, published in 2019. This slightly redundant biography described prominent U.S. Supreme-Court cases in detail, explaining them for laypeople. Most of the cases revolved around issues with which the United States continues to grapple, especially various kinds of discrimination.

Born in January 1955 in western New York State, Roberts and his family moved to Indiana near the Illinois border when he was about eight years old. He turned into a staunch conservative Republican.

The burning question that must be answered in any given case, that would determine whether favoritism or compensation should be given to the victims of discrimination, is whether, as a group, the victims– having been oppressed for so long– have caught up to the rest of society, with regard to the case’s area of life covered; education, housing, employment, political elections, financial dealings and other day-to-day situations.

In the applicable areas of life, whether and how much discrimination still exists is of course, extremely subjective (given the anecdotal evidence and propaganda wars from both sides). Each case needs to be decided on an individual basis because the times are continually changing. If the victims have yet to catch up, it is because one thing leads to another. If for decades, they’ve been rejected from, say, colleges based on their skin color, they’re at a disadvantage when it comes to employment opportunities, which leads to financial disadvantages and a slew of other lifestyle limitations. It’s not just a matter of compensating victims for past wrongs against them– the wrongs (if there were wrongs) held them back from being treated equally with others for decades longer.

It is impossible to require truly color-blind acceptance policies, however. And of course, there’s always that lingering uncertainty whether the college applicants were accepted more for– when compared with their peers– their potential success in furthering their education, than for their skin color.

Roberts claimed the Supreme Court was nonpartisan in handing down decisions. But– the Court has been divided 4-4 or 5-4 practically all the time in famous cases, because each of its presiding justices has consistently subscribed to a particular political persuasion in his or her opinions.

Further, appointments of Supreme Court Justices (or lack thereof) have been fiercely political in recent decades. “From the start of Obama’s presidency [Mitch] McConnell had put up hurdles to Obama’s lower Court nominations, ensuring, for instance, that not a single appointment was confirmed to the D.C. Circuit in Obama’s first term.”

Read the book to learn of the many ways Roberts made known his political beliefs through his Court pronouncements.