Roberts rules of disorder: Justice has decision to make

Until he retired, Supreme Court Justice Anthony Kennedy wavered in his support of both the right-wing and the left-wing blocs. His vote was the tie-breaker in several contentious five-to-four split decisions While Kennedy admirably sided with the right-wing bloc on some decisions I believe he was wrong to side with the statist left-wing bloc on other decisions (see https://www.npr.org/2018/06/27/623943443/a-brief-history-of-anthony-kennedys-swing-vote-and-the-landmark-cases-it-swayed). Now it appears that Chief Justice John Roberts, appointed by a Republican president, has assumed Kennedy’s mantle by voting with the leftists in other contentious split decisions.

In a 2012 five-to-four split decision, Roberts sided with the leftists in his controversial ruling that preserved most elements of the perversely-named Affordable Care Act, also known as Obamacare.

More rulings where Roberts sided with the leftists include Trump vs. East Bay Sanctuary in December 2018 rejecting the Trump administration’s request for permission to immediately deny asylum to illegal aliens; Dept. of Commerce et al. vs. New York et al in June 2019 denying the Secretary of Commerce’s decision to put the citizenship question on the 2020 Census form; Kisor vs. Wilkie in June 2019, a decision that essentially allows federal regulators to regulate their own regulations — something that the Framers had neither envisioned nor sanctioned. On this last ruling the court cowardly hid behind the longstanding principle of “stare decisis” — Latin for precedent — to plausibly deny that its previous decisions on similar cases were wrong.

Within the limits of the Constitution and statutory law, presidents are free to issue and then repeal any executive order. Yet when President Trump tried to repeal DACA, an illegal executive order issued by President Obama that he admitted was illegal, the federal courts improperly intervened and prevented Trump from doing so. (See https://dailycaller.com/2017/09/05/here-are-four-ways-in-which-daca-is-illegal/ and https://www.heritage.org/immigration/commentary/daca-unconstitutional-obama-admitted.)

When the DACA appeal is heard by the Supreme Court later this year, we’ll see if Chief Justice Roberts upholds the rule of law or unconstitutionally creates a new one. Doing the latter would further damage the Constitution and the office of the president. Simultaneously, the House Democrats are attempting to create an inferior parliamentary democracy by having weaponized impeachment. So the self-destructing legislative and judicial branches will eventually destroy the executive branch.

Mr. Chief Justice, you have a decision to make — make it a good one.

“Freedom is never more than one generation away from extinction…….” -Ronald Reagan