Once again Supreme Court Chief Justice John Roberts joined liberal justices in a major ruling on abortion.
The court decided 5-4 to block Louisiana from requiring abortion providers to have admitting privileges at local hospitals.
I’m calling another Constitutional Crisis. Note that this decision was announced as “5-4”. While many of us may differ with Roberts’ vote on the case, the crucial thing is that Ginsburg “voted” in absentia and out of sight. Nobody has any new photo of her being rolled into the Chamber to cast her vote. With two months since she has been reliably seen or heard we have no idea about her state of find or even her continued existence. And here we have a case, probably the first case where a critical national issue is decided by a highly questionable vote. Who can assure us this opinion was not rendered “for her” by one of her law clerks, perhaps the most junior? Shall we have our Supreme Court Decisions decided by, not just one Black-robed Justice, but by an anonymous individual, chosen rather than appointed, without Senate confirmation?
That John Roberts has permitted this travesty, proves him also to be unfit and unconcerned about the stature of his court. This was not the first serious question mark against Roberts. Remember the serious controversy where he appears to have reversed his vote on the Obamacare Case.
This issue must be faced, squarely and openly faced. Kicking the can down the road for the “sake of comity” is how we get into insoluble problems. Or do we plan to allow an unidentified clerk to decide all our national issues via split court decisions? Consider the important role the Supdreme Court played in the 2000 election. If there is a replay of such an election, would anyone be prepared to recognize the legitimacy of a President chosen by “the Ghost of Ginsburg”?