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Chief Justice Says His Goal Is More Consensus on Court
New York Times ^ | May 22, 2006

Posted on 05/22/2006 12:27:13 AM PDT by RWR8189

WASHINGTON, May 21 (AP) — Chief Justice John G. Roberts Jr. said Sunday that he was seeking greater consensus on the Supreme Court, adding that more consensus would be likely if controversial issues could be decided on the "narrowest possible grounds."

In a 15-minute address to Georgetown University law graduates, Chief Justice Roberts, 51, sketched a vision for leading a court sharply divided on issues like abortion, the death penalty and gay rights.

"If it is not necessary to decide more to a case, then in my view it is necessary not to decide more to a case," Chief Justice Roberts said. "Division should not be artificially suppressed, but the rule of law benefits from a broader agreement. The broader the agreement among the justices, the more likely it is a decision on the narrowest possible grounds."

His comments come as the court is under criticism by some members of Congress who say the justices have overreached in decisions that struck down the death penalty for juveniles and allowed cities to use eminent domain powers to take homes for private economic development.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: chiefjusticeroberts; commencement; consensus; court; georgetownu; johnroberts; roberts; robertscourt; scotus; supremecourt; ussc

1 posted on 05/22/2006 12:27:15 AM PDT by RWR8189
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To: RWR8189

Doesn't sound like a conservative, but then I'm not a lawyer.


2 posted on 05/22/2006 12:28:25 AM PDT by Alter Kaker ("Whatever tears one sheds, in the end one always blows one's nose." - Heine)
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To: RWR8189

I think he is speaking in a language foreign to ordinary citizens. Could it be that he is saying something we ordinary conservatives don't want to hear?


3 posted on 05/22/2006 12:58:38 AM PDT by taxesareforever (Never forget Matt Maupin)
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To: Alter Kaker

I'd say this is a conservative (small c) approach. If you try to get 9 very smart people to agree on anything in a case, it is likely to be a very limited agreement. This means the decision will be narrow and limited, ie. conservative (again, small c). However, if you are a Conservative (big C), and all you care about is the outcome regardless of whether or not its 5 justices or 9, then this isn't likely to be a favorable approach for Conservatives.


4 posted on 05/22/2006 3:04:54 AM PDT by nunoste
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To: Alter Kaker

Great;

A supremem oourt leader who is afraid to lead...not important decisions just consensus. We like this guy because?


5 posted on 05/22/2006 4:10:45 AM PDT by bronxboy
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To: Alter Kaker
He is conservative to the bone. I see this as a proper role of the USSC.

Their role is to decide matters based on the US Constitution and its laws. We have had Roe v. Wade (and other spurious rulings) forced on our country, because of broad answers to questions not properly asked. This will require direct attention to the center of the controversy, not the peripheral issues which allow things to become settled without getting down to the "nitty gritty". It can actually bring change for the better!

6 posted on 05/22/2006 4:21:57 AM PDT by pageonetoo (You'll spot their posts soon enough!)
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To: nunoste

You nailed it.


7 posted on 05/22/2006 4:33:26 AM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: RWR8189

Roberts is a genius. Read between the lines: he is going to move his court away from the till-now frequent 5-4 "divided-court" rulings...due to his superior legal mind persuading his less-brilliant (i.e. lefty) colleagues to vote with him on "narrow" (a-hem) grounds. It has already started. So far, he has gotten an stunning number of unanimous rulings.


8 posted on 05/22/2006 4:38:07 AM PDT by M. Thatcher
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To: pageonetoo
of course, it also sounds a lot like "can't we all just get along?"

We will not know if bush did us any good (on judges) for many years. theres no need to wait on many other issues. he's sold us down the river.

9 posted on 05/22/2006 4:40:24 AM PDT by cb
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To: cb

The vote is still out on Bush's appointees - it ISN'T in the case of the border and illegal invaders.

Bsuh has stuck a knife in the backs of the conservatives who put him in office and twisted it around.


10 posted on 05/22/2006 4:46:58 AM PDT by ZULU (Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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To: nunoste

You definitely nailed it.


11 posted on 05/22/2006 5:32:11 AM PDT by Huck (Hey look, I'm still here.)
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To: nunoste
You are exactly right. Many Conservatives are no different than the lefties when it comes to their expectations from SCOTUS. Like the lefties, they also want outcome based decisions, albeit opposite ones. Conservative (small c) Justices should operate exactly as CJ Roberts is stating here - as narrowly as is possible given the law and the facts surrounding any given case. Anything else is activism - regardless of whether it falls to the right or the left on the political spectrum.
12 posted on 05/22/2006 6:39:16 AM PDT by Kylie_04 (not consuming liquids while posting since 2006)
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To: Alter Kaker

It's very classically conservative. Understandable that it might not be easily recognized in today's RINO atmosphere.


13 posted on 05/22/2006 6:46:19 AM PDT by thoughtomator (A thread without a comment on immigration is not complete)
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To: Alter Kaker
"Doesn't sound like a conservative, but then I'm not a lawyer."
Well, it is indeed a conservative position - "the narrowest grounds" is indeed "thou shalt not innovate, and if you have to, innovate as little as possible". Complete opposite of the sweeping breadth of judicial activism.
14 posted on 05/22/2006 8:11:43 AM PDT by GSlob
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To: pageonetoo

Thank you for a good analysis. You're dead on.


15 posted on 05/22/2006 8:42:54 AM PDT by Balding_Eagle (God has blessed Republicans with really stupid enemies.)
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To: RWR8189

If the consensus he seeks is a conservative consensus, than more power to him.

It depends on the meaning of the word consensus.


16 posted on 05/22/2006 4:51:41 PM PDT by Clintonfatigued (Illegal aliens commit crimes that Americans won't commit)
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To: Clintonfatigued
"It depends on the meaning of the word consensus."

Brother! Are you ever Clinton fatigued!!!

17 posted on 05/22/2006 9:41:09 PM PDT by SierraWasp (Without consistent core conservatives in charge, the GOP is fast becoming the Gelded Old Party!!!)
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