Opinion: The court does not have a conservative majority

Earlier this month, Supreme Court Chief Justice John Roberts sided with his liberal colleagues on a decision to block a restrictive Louisiana abortion law from going into effect, according to CNBC. 

Given Roberts’ siding with liberals, from the most recent vote on an abortion law from Louisiana to Former President Barack Obama’s health care law back in 2009, it is unlikely that he will be a sure conservative vote on the court going forward. Both of those decisions were questionable for multiple reasons, including constitutionality, according to the New York Post.  However, what most people may be missing is that, according to OnTheIssues.org, Roberts has seen Roe v. Wade as settled law since 2005.  

Unfortunately, Roberts seems to have left his previous more conservative voting line behind in favor of a more progressive, or at least moderate, way of ruling.  With a clearer picture in mind of who he really is as a judge, he will likely swing left more often, becoming the new moderate in the Supreme Court. It is unclear if Robert’s ideology is changing, or if he merely has a heightened level of respect for already existing precedent.

One can only speculate about the reason for Robert’s decision; however, one thing is certain, as the new swing vote on the Supreme Court, a lot of people on both sides of the isle will be clamoring for Roberts to vote their way. In fact, it is unclear how much of a conservative the Chief Justice truly is. According to OnTheIssues.org, up until 2005, Roberts had no “paper trail” as a judge on issues concerning gay rights.  

Robert’s spat with President Donald Trump in November of last year could also be indicative of his future voting.  According to Bill Bennet in an interview on Fox News Channel, this kind of verbal sparring between a Supreme Court Justice and the president is not “unprecedented,” but it is unusual.  During the Civil War, President Lincoln and the court openly criticized each other, but that is still an uncommon occurrence in American
government.  

There is one good thing about Robert’s ruling. The abortion bill will likely be on the voting docket again in 2020, the year of the next U.S. presidential election. This is good news, as it will force both presidential candidates to make their stance on abortion clear. 

With Trump already staking out and proving his extremely pro-life position on abortion, the Democratic candidate will have to represent the liberal side, which could be even more radical by the time 2020 rolls around. This could favor Trump with an electorate of which, according to Real Clear Politics, 65 percent of Americans want the Supreme Court to revisit Roe v. Wade.  

According to CNBC, this spells trouble for Democrats and “reproductive activists” going forward who say that, “the high court’s abortion precedents are unlikely to withstand the addition of Trump’s two nominees,” and that’s good news for pro-lifers and the unborn children they defend.