The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
On Thanksgiving 2020, the New Roberts Court has Arrived
Chief Justice Roberts dissented from Roman Catholic Diocese of Brooklyn v. Cuomo.
On May 29, 2020, Chief Justice Roberts wrote a brief concurring opinion in South Bay United Pentecostal Church v. Newsom. This thinly-reasoned statement soon became a super precedent. At this point, the Chief was at the apogee of his power. What a difference five months makes. Moments ago, the Supreme Court decided Roman Catholic Diocese of Brooklyn v. Cuomo. By a 5-4 vote, the Court issued an injunction against New York's restrictions on houses of worship. Chief Justice Roberts wrote a solo dissent. He seemed to agree that the Petitioners would prevail on the merits, but would not have granted the injunction for other reasons.
For the past week, I wondered whether Roberts would pivot to the right to control the majority, or stick to his guns in dissent. Here, he did not flinch. I think this voting pattern will become far more pronounced over this term, and in future terms. Mark your calendars. On Thanksgiving, 2020, the New Roberts Court has arrived.
I will have much more to say about the merits of the decision in subsequent blog posts.
