Roberts Is Courting a Constitutional Crisis

[Kamaji]

Roberts Is Courting a Constitutional Crisis

There doesn’t appear to have been a moment in our history when the potential killing of a Supreme Court justice could have had such consequential effects.

By Jeffrey H. Anderson
June 9, 2022

The attempted assassination of Justice Brett Kavanaugh makes it abundantly clear that Chief Justice John Roberts is playing with fire in refusing to issue the Court’s majority opinion in Dobbs v. Jackson Women’s Health Organization, the case that could potentially overturn Roe v. Wade. The potential for someone to make an attempt on a justice’s life was predictable once the draft majority opinion, in a shocking move, was leaked—but the threat appears more serious in the wake of a deranged person having arrived at Kavanaugh’s home with the stated intention, and with weapons in tow, to kill him.

It is hard to imagine the devastating effect upon our already polarized society, its institutions, and the Constitution itself if someone were to murder a justice in cold blood and then reap the following rewards for the assassination:

* Because Supreme Court rulings aren’t final until released, a 5-4 ruling to overturn Roe would immediately become a 4-4 opinion, thereby leaving Roe on the books.

* The president who would get to replace the murdered justice would be Joe Biden, who has repeatedly said he is firmly committed to keeping Roe in place.

* The Senate that would get to confirm Biden’s nominee would be the current Democratic-controlled one, and the Democratic Party is adamantly committed to upholding Roe.

In short, an assassination could lead to Roe being upheld rather than overturned in the short term, Biden and his Democratic allies being able to replace the murdered justice with one of Biden’s choosing ahead of the midterm elections, and Roe remaining a fixture in the constitutional firmament in the long term.

There doesn’t appear to have been a prior moment in our history when the potential killing of a justice could have had such consequential effects. Roe wasn’t decided on a 5-4 vote; the murder of a justice wouldn’t have swung its 7-2 outcome. In all of American history, the only other case as contentious as Roe—and as lawless, unconstitutional, and fateful—was Dred Scott v. Sandford, which was decided on a 7-2 vote by a Southern-dominated Court. The murder of a justice wouldn’t have swung its outcome, either.

*  *  *

Source:  https://amgreatness.com/2022/06/09/roberts-is-courting-a-constitutional-crisis/

[cato potatoe]

I have to assume Roberts withheld the abortion ruling until the end, so justices have a chance to leave DC.  More opinions are scheduled to be released this coming Monday and Wednesday.  This may drag into July.

[Hoodat]

In all of American history, the only other case as contentious as Roe—and as lawless, unconstitutional, and fateful—was Dred Scott v. Sandford, which was decided on a 7-2 vote by a Southern-dominated Court.

Just want to correct something untrue here.  The Dred Scott court was not dominated by Southerners.  Six of the nine Justices were from Northern States.  The Dred Scott court was dominated by Democrats.

7 Democrats
2 Whigs
0 Republicans

[Fishrrman]

Here's one for ya...

As chief justice, what if Roberts decided to NOT release the decision at all, but rather "hold it over" until the next term...?

Not sure if this has ever been done before.
Or if it's even possible under Supreme Court rules.