Skip to main content

Posts

Showing posts with the label Owen Roberts

The Supreme Court Term: Sebelius at last

Now I really must say something about NFIB v. Sebelius , SCOTUS' big Obamacare decision, or you will think me a shirker. Let's start with this datum: Chief Justice John Roberts is only the second SCOTUS Justice in the institution's history with that surname. Its a fairly common surname in English-speaking countries, so I don't know whether 2-out-of-112 is a lot or suspiciously few. Anyway, the coincidence seems worth mentioning because the previous Justice Roberts [ Owen Roberts , a Hoover appointee on the court from 1930 to 1945] has gone down in history as the Justice who made the big switch, who turned the court from one with an anti-New Deal 5 Justice majority into one with a pro-New Deal 5 Justice majority by his own change of heart under political pressure in 1937. Reference Guide The usual accounts of that "switch in time" are sometimes too simply and broadly written, and certainly it wasn't all about Roberts. Chief Justice Hughes...