from Conservative Review:
SCOTUS’ Louisiana decision takes Roberts’ power play to a new level of aggression against the Constitution
Will the perfidy of Chief Justice John Roberts finally help conservatives slay their false idol of “appointing better judges” and actually fight against the entire notion of judicial supremacy instead?
I take no pride in seeing my thesis on the judiciary being proven correct every week, but once again we see that once we regard even lower courts as supreme to other branches on purely political questions, then simply “appointing better Supreme Court justices” will not matter. Much like drinking coffee with a fork, the more we accede to judicial supremacy, only using all our capital to get “our guys” on the high tribunal, the more we lose more of the existing members to the system. John Roberts has long ago become the new Anthony Kennedy, a fact that is now becoming obvious even to conservative court-worshippers.
Last night, John Roberts joined the four liberal judges in putting an indefinite injunction on Louisiana’s commonsense abortion regulation, which requires that abortion doctors have active admitting privileges at local hospitals within 30 miles of their practice in order to perform abortions.
As longtime readers of this column know, Roberts has been joining the liberal justices for quite some time in allowing bad lower court injunctions to remain in place, surreptitiously ensuring that the left-wing judicial agenda remains untouched despite the supposed new orientation of the Supreme Court. He has done this in other abortion cases, immigration, election law, and with a crazy global warming lawsuit – always refusing to categorically rein in the lower courts for stepping outside of bounds of judicial norms. However, the Louisiana decision takes Roberts’ power play to a new level of active aggression against the Constitution. Unlike in the other cases, the circuit court opinion below him (in June Medical Services, LLC v. Gee) actually got this one right and reversed a trial court injunction on the abortion law. Now, Roberts is actively issuing an injunction that the Fifth Circuit blocked, as opposed to simply allowing a lower court injunction to remain in place. The new Anthony Kennedy indeed. Or worse.