Alito And Roberts: A Look Back At Two Supreme Court Justices' Service

Felix Dubois

6 min read

Post on May 21, 2025

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Justice John Roberts: The Chief Justice's Legacy

Justice John Roberts, the 17th Chief Justice of the United States, has led the Supreme Court since 2005. His tenure has been marked by significant rulings and a focus on maintaining the Court's institutional legitimacy.

Roberts' Judicial Philosophy

Chief Justice Roberts is often described as a judicial pragmatist, although elements of originalism and textualism inform his approach to constitutional interpretation. He emphasizes the importance of adhering to the text of the Constitution and seeks to avoid imposing his personal views on the law.

• National Federation of Independent Business v. Sebelius (2012): Roberts upheld the Affordable Care Act's individual mandate under the taxing power of Congress, a decision that surprised many observers and demonstrated his pragmatic approach.
• King v. Burwell (2015): Roberts again displayed a pragmatic approach, resolving a challenge to the ACA's tax credits by interpreting the statute broadly to avoid potentially devastating consequences.
• Maintaining Institutional Legitimacy: Roberts has repeatedly stressed the importance of maintaining the Court's credibility and independence from political pressures. He emphasizes the Court's role as an impartial arbiter of the law.

Key Cases Under Roberts' Leadership

The Roberts Court has decided many landmark cases impacting various aspects of American life.

• Obergefell v. Hodges (2015): The Court ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.
• Citizens United v. FEC (2010): This controversial decision significantly altered campaign finance laws, holding that corporations and unions have the same First Amendment rights as individuals regarding political speech.
• Affirmative Action Cases: The Roberts Court has heard several cases involving affirmative action in higher education, leading to ongoing debates about its constitutionality and impact on diversity. (Examples include Grutter v. Bollinger and Fisher v. University of Texas). These cases illustrate the ongoing tension between competing constitutional principles.

Roberts' Impact on the Supreme Court

Chief Justice Roberts' leadership style has significantly influenced the Court's dynamics.

• Collegiality: While known for his attempts to build consensus, his opinions and the Court’s decisions reflect a deeply divided institution.
• Consensus-Building: Roberts actively strives for unanimous or near-unanimous opinions where possible, aiming to bolster the Court's authority. However, the deeply partisan nature of many recent cases has made this increasingly challenging.
• Court's Overall Direction: Under Roberts' leadership, the Court has seen a shift towards greater judicial restraint in some areas while being more assertive in others.

Justice Samuel Alito: A Conservative Voice on the Court

Justice Samuel Alito, appointed in 2006, is considered one of the most conservative justices on the Supreme Court. His judicial philosophy strongly reflects a textualist and originalist approach to Constitutional interpretation.

Alito's Judicial Philosophy

Justice Alito's conservative judicial philosophy stems from a belief in strict constructionism and an emphasis on original intent. He believes judges should interpret the Constitution according to its original meaning, as understood at the time of its ratification.

• Emphasis on Originalism: Alito frequently emphasizes the importance of adhering to the original meaning of the Constitution, often citing historical evidence to support his interpretations.
• Strict Constructionist Views: Alito favors a narrow interpretation of the Constitution, limiting the scope of judicial review and emphasizing states' rights.
• Examples from Opinions: Alito's opinions often reflect these principles, showcasing his deep skepticism towards judicial expansion of constitutional rights.

Key Cases and Dissenting Opinions

Justice Alito has played a crucial role in several landmark cases, often authoring majority opinions reflecting his conservative views.

• Dobbs v. Jackson Women's Health Organization (2022): Alito authored the majority opinion that overturned Roe v. Wade, eliminating the constitutional right to abortion. This decision fundamentally altered the legal landscape surrounding reproductive rights.
• Cases Involving Religious Freedom: Alito has consistently sided with religious liberty claimants, shaping the legal framework for religious freedom in the United States.
• Second Amendment Rights: Alito has written influential opinions expanding the scope of Second Amendment rights, notably in cases concerning concealed carry and restrictions on firearm ownership. He often emphasizes the individual right to bear arms.
• Significant Dissenting Opinions: Even in cases where he is part of the minority, Alito's dissenting opinions have been influential in shaping the legal discourse and laying the groundwork for future litigation and potential shifts in the law.

Alito's Influence on the Court's Shift to the Right

Justice Alito's presence on the Court has undeniably contributed to its ideological shift to the right.

• Impact on Abortion Rights: The overturning of Roe v. Wade represents a significant change in the legal status of abortion rights in the US, profoundly impacting women's health care access.
• Campaign Finance: Alito’s votes have generally favored less stringent regulations on campaign finance, influencing the dynamics of political spending and lobbying.
• Religious Liberty: His consistent support of religious liberty claims has reshaped legal discussions around the balance between religious freedom and other constitutional rights.

Comparing and Contrasting Alito and Roberts

While both Justices Alito and Roberts are considered conservative, their approaches to judicial decision-making differ significantly.

Philosophical Differences

• Originalism vs. Pragmatism: Alito is a staunch originalist, while Roberts exhibits a more pragmatic approach, weighing various legal considerations, including the practical impact of judicial decisions.
• Judicial Restraint: While both value judicial restraint, Alito's restraint is primarily textual, while Roberts' involves considering the broader implications of decisions.
• Emphasis on Precedent: While both acknowledge the weight of precedent, their application of stare decisis (the principle of following prior case law) differs.

Impact on American Law

Both Justices Alito and Roberts have profoundly impacted the development of American law.

• Roberts' Legacy: Roberts' legacy will likely be shaped by his management of the Court and his influence on its institutional strength, but also by the landmark decisions made during his tenure.
• Alito's Legacy: Alito’s legacy will be strongly associated with the overturning of Roe v Wade and a substantial shift to the right in various legal domains.
• Long-Term Consequences: The long-term consequences of their decisions will continue to unfold in the years and decades to come, profoundly influencing the lives of Americans.

Conclusion

Understanding the careers and judicial impacts of Justices Alito and Roberts is crucial for comprehending the current state of American law. Their contrasting approaches, reflected in their opinions and votes, have shaped the direction of the Supreme Court and significantly impacted various aspects of American life. While Roberts often seeks consensus and a pragmatic approach, Alito's consistent adherence to a conservative originalist philosophy has profoundly altered the legal landscape. The "Alito and Roberts Supreme Court" era will undoubtedly be studied and debated for generations to come.

Learn more about the lasting impact of Alito and Roberts Supreme Court decisions and their influence on American jurisprudence by exploring resources from the Supreme Court Database ([link to Supreme Court Database]), FindLaw ([link to FindLaw]), and other reputable legal scholarship sites.