Robert's Decision Highlights Role of Chief Justice as 'More Than One of the Nine'

The Chief Justice has responsibilities that extend beyond the other justices of the Supreme Court, most notably the upholder of the Court's image, and this may have played a role in Robert's decision on healthcare reform, a podcast says.
By: My History Can Beat Up Your Politics Podcast
 
July 12, 2012 - PRLog -- PHILADELPHIA - July 12th, 2012 - John Robert's role as the Chief Justice of the United States may have played a role in his authorship of a narrow 5-4 holding on President Obama's healthcare reform bill that the individual mandate was constitutional, a podcast that examines history and politics said.  And if so, there's some historical precedent.

The "My History Can Beat Up Your Politics" podcast went over Robert's decision noting how the Chief justice gracefully earned 5 votes for different parts of his holding from different judges but always maintained 5 votes.  The podcast said the role of Chief Justice and need to uphold the Court's image and avoid a Presidential showdown was a factor.

"We can't read his mind, but failing that it's more likely than not that it played a role in his decision on a very close Constitutional question," said Bruce Carlson, the host of the program.  "Especially where Robert's cited the clear precedent from Chief Justice Hughes, Justice Story and Oliver Wendell Holmes that the Court must try to find readings of constitutionality and avoid throwing out laws."

The podcast notes three differences between the Chief Justice of the United States and the other eight justices.  The Constitution calls for a Chief Justice, but calls for no set number of other justices.  That is left up to Congress.   The Chief Justice also presides over the President's possible impeachment.  

"That speaks volumes about the status of the position as far as the Constitutional Convention delegates were concerned," Carlson says.  "All had different ideas for what role the Chief Justice would play but everyone agreed there would be a Chief Justice."

The position was further augmented by tradition - the Chief Justice, since the Presidency of John Adams, traditionally swears in the President; by statue, the Chief Justice runs the entire Federal court system; and by the Court's own rules - the Chief speaks for the chamber and assigns the authorship of decisions.

According to the podcast, this makes it not at all out of question that at least on a close call in a decision, leaning towards upholding fits with the role of the Chief Justice.

"Especially where there is strong precedent that you've got to try to find constitutionality if 'fairly possible'   - a very low standard  -this decision should not have been the surprise it was for all of us," Carlson said.

"My History Can Beat Up Your Politics" is a podcast that applies history to understand today's politics better.  The podcast is available on iTunes or can be found at http://www.myhistorycanbeatupyourpolitics.com.
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Source:My History Can Beat Up Your Politics Podcast
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Tags:Supreme Court, Obamacare, Decision, Healthcare Reform
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