Wednesday, January 21, 2015
CAC on Access in the Roberts Court
The Constitutional Accountability Center published its most recent issue paper in its series on the Roberts Court at 10, this one on access issues. And it doesn't paint a pretty picture.
Brianne Gorod, the author of Roberts at 10: Roberts's Consistent Votes to Close the Courthouse Doors, looks at Roberts Court cases in four areas: standing, arbitration, pleading standards, and suits against states. Gorod concludes that the Court's record is mixed, but mostly negative:
Although most of the decisions of the Roberts Court in this area have limited access to the courts, there have been a few that have not, including most significantly the Court's 2007 decision, Massachusetts v. EPA, holding that Massachusetts could sue the Environmental Protection Agency to challenge its failure to regulate greenhouse gas emissions under the Clean Air Act.
But if the Court's record is mixed, Gorod says that Chief Justice Roberts's record is not:
He dissented in that 2007 case and in every other case during his tenure as Chief Justice in which the Court has refused to limit access to the courts, and he has always been in the majority when it has decided to limit such access.
Gorod says that Chief Justice Roberts's record is "not terribly surprising," given his pre-confirmation positions on access.
Check it out.