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Whose Court Is It Really?

Atlantic, The,  January, 2006  by Benjamin Wittes

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What are the early indications of what the Roberts Court will be like?

It's not the Roberts Court—at least not yet. It's still the Stevens Court.

Excuse me?

For a few weeks this past summer, between the death of Chief Justice William H. Rehnquist and the confirmation of John G. Roberts Jr. as his successor, John Paul Stevens was the acting chief justice. During those weeks nothing of consequence happened. But the brief accession of the eighty-five-year-old Stevens crystallized what has been obvious for some time: perhaps the Court's left-most justice, he has over the past half decade become its key behind-the-scenes leader. And until I see evidence that Chief Justice Roberts has effected a coup, it will remain the Stevens Court in my book.

What on earth are you talking about? Isn't this Supreme Court a conservative body? ...