The behind-the-scenes power John Roberts wields to ensure his influence with justices
CNN
Chief Justice John Roberts often laments that he has limited clout as he deals with his eight Supreme Court colleagues.
Chief Justice John Roberts often laments that he has limited clout as he deals with his eight Supreme Court colleagues. “You can’t fire people if they don’t follow you. You can’t cut their pay,” he told a group of federal judges on Saturday, the day after the court released its final opinions of the term. “You have to be able to communicate what you think is important, and sometimes that means doing it eight different ways.” But Roberts, in fact, has several powerful levers, perhaps the most valuable being the power to assign opinions that speak for the court. When the chief is in the majority – as he was more than anyone this term – he chooses which justice will write the opinion. That’s important because the force of any Supreme Court decision exceeds its bottom-line vote. Its rationale sets a precedent for future cases. Even the rhetoric and tone can influence lower court judges. For the author of an opinion, the endeavor offers a chance to steer the law and can be a point of personal pride. Completing his 20th session on America’s highest court, Roberts has routinely kept the most important cases for himself, including those involving presidential powers. Still, he has wielded his assignment power strategically over the years, to influence and reward colleagues. In some situations, his assignments have appeared intended to cut against type or disprove ideological generalizations of the court.
Chief Justice John Roberts and Justice Elena Kagan are well matched, rhetorically forceful opposites. And they have been clashing for more than a decade over an increasingly relevant question of presidential power: How easy should it be for the president to fire the heads of independent agencies?
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