Review by Adam Cohen
THE CHIEF
The Life and Turbulent Times of Chief Justice John Roberts
By Joan Biskupic
The Life and Turbulent Times of Chief Justice John Roberts
By Joan Biskupic
When the Supreme Court upheld the Affordable Care Act in 2012, Chief Justice John Roberts provided the critical fifth vote, enraging conservatives and delighting liberals. Ever since, questions have swirled around his vote. How could a jurist who was so carefully vetted for ideological purity have turned apostate on such a defining issue, saving Obamacare from oblivion?
In “The Chief,” her assiduously reported and briskly written biography, Joan Biskupic, a CNN analyst who has long covered the court, offers new behind-the-scenes details. Roberts was, she says, initially inclined to strike down a key part of the law, the individual mandate, which required people to have insurance or pay a penalty. But during the opinion-drafting process he joined the liberals in affirming it.
While Biskupic sheds light on when and how Roberts made that decision, she is less illuminating on why. She ticks off leading theories: He was wary of overturning the elected branches of government on such an important issue, or reluctant to throw the national health care system into chaos, or worried about the court’s reputation. It is not clear, however, which of these, if any, explains why he came out as he did.
The difficulty of understanding that historic vote is emblematic of something larger: just how hard it is to figure out who Roberts really is. With his square-jawed, no-hair-out-of-place looks and icy smile, he often resembles an animatronic version of a chief justice, with the dial set firmly to the right. Who Roberts is and what he stands for are more important than ever since Anthony Kennedy retired last year and Brett Kavanaugh, who is more conservative, took his seat. Roberts is now both chief justice and the court’s swing justice — which means that, increasingly, the law is likely to be what he says it is.
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