Can’t We Just Say the Roberts Court Is Corrupt?

[Gothmog]

17. The decision in the Voting Rights Act case is really a horrible decision

In that case, it is clear that Roberts was following a long term agenda to gut the voting rights act and in order to rule against the Voting Rights Act, Roberts had to use the same legal theory used to justify the Dred Scott decision.. Since 1981, Justice Roberts has been on a mission to gut or limit the Voting Rights Act. Chief Justice Roberts' Long War Against the Voting Rights Act,
http://www.motherjones.com/politics/2013/02/john-roberts-long-war-against-voting-rights-act

When he was in his late 20s, John Roberts was a foot soldier in the Reagan administration's crusade against the Voting Rights Act. Now, as chief justice of the Supreme Court, he will help determine whether a key part of the law survives a constitutional challenge.

Memos that Roberts wrote as a lawyer in President Reagan's Justice Department during the 1980s show that he was deeply involved in efforts to curtail the effectiveness of the Voting Rights Act, the hard-won landmark 1965 law that is intended to ensure all Americans can vote. Roberts' anti-VRA efforts during the 1980s ultimately failed. But on Wednesday, when the Supreme Court hears oral arguments in Shelby County v. Holder, he'll get another chance to gut the law. Roberts' history suggests a crucial part of the VRA may not survive the rematch.

Given Justice Roberts long term dislike of the Voting Rights Act it is not surprising that the legal reasoning behind this opinion is suspect. The key legal principle cited by Justice Roberts in his majority opinion is the concept of “equality of state sovereignty.” Adam Serwer, ‘Demeaning insult’ in John Roberts’s Voting Rights Act decision http://www.msnbc.com/msnbc/demeaning-insult-chief-justice-john-roberts-voting-rights-act-decision

One of the enduring mysteries of Chief Justice John Roberts’s opinion striking down part of the Voting Rights Act is which part of the Constitution the landmark civil rights law actually violated.

Roberts argued that the Voting Rights Act violated the “tradition” of “equal sovereignty” of the states. That concept is far more dubious than it might seem at first glance, according to a legal paper published by two longtime voting rights experts.

“The ‘equal sovereignty’ principle is not in the Constitution,” said James Blacksher, an Alabama attorney with a long career in Voting Rights. “It is, as the Chief Justice says, a ‘historical tradition.” Go straight past the penumbras, hang a right at the emanations.

Blacksher’s paper, co-authored with Harvard law professor Lani Guinier, argues that Roberts’s opinion in the Voting Rights Act case is a descendant of what is widely regarded as the worst Supreme Court decision in American history: The 1857 Dred Scott case, in which the high court held that blacks, slave or free, could never be citizens of the United States. That case is the “origin story” of the “equal sovereignty” principle, the authors argue, because the opinion by Chief Justice Roger Taney held that it would violate the sovereignty of the slave states to recognize blacks as American citizens. By invoking that principle, the authors write in Free at Last: Rejecting Equal Sovereignty and Restoring the Constitutional Right to Vote, Roberts was reviving “the oldest and most demeaning official insult to African-Americans in American constitutional history.”

“ ‘Equal sovereignty’ was the basis of the longstanding argument, going all the way back to the founding of the United States, between the slave states and the free states. The slave states claimed that they were equally sovereign with the other states to decide whether to have slavery or not to have slavery,” Blacksher said. “The ‘equal sovereignty’ doctrine that Chief Justice Roberts relied on last year is rooted in the jurisprudence of slavery.”….

Prior to last year’s ruling, Akhil Reed Amar, a Yale law professor, wrote a Harvard Law Review article arguing that the Voting Rights Act was clearly constitutional. Amar wrote that an “extravagant anti-congressional theory of state equality” drove the Dred Scott decision, and that the court should “take care to avoid the decision’s biggest mistakes.”…

The days of Dred Scott are long gone, but as long as conservatives control the high court “equal sovereignty” has a bright future.

While Justice Roberts did not directly cite the Dred Scott case, it is clear that the Shelby County decision is based on Dred Scott and its progeny. The Shelby County case is one of the worse decisions issued by the Roberts court