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Jonathan Adler points out that Adam Liptak’s article in the New York Times was, of course, wrong. There was some sort of decision made – around last summer, if I recall correctly – to start demonizing John Roberts. This decision was made by Democrats and of course the media  play along.

Most annoying is the charge that the conservative members are “activists” because they uphold the Constitution when Congress tries to ignore it.


Last Sunday, the NYT published a lengthy article by Adam Liptak, titled “Court Under Roberts Is Most Conservative in Decades,” arguing that the Supreme Court, under Chief Justice Roberts, has become “the most conservative one in living memory.”  I was in Yellowstone National Park at the time, and did not have the opportunity to comment at the time.  Yet as this question is a recurring interest of mine (see, e.g., here, here, here, and here), I thought I would now.  The post is long, so I’ve hidden it below the fold, but here is a super-short (and overly simplified) summary: Liptak’s article overstates the purported conservatism of the Roberts Court and, based on the data presented, could just as easily labeled the Roberts Court the “most restrained” or “least activist” Court in living memory In sum, there’s less to the article than meets the eye.


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