The decision of the Supreme Court in June Medical Services v. Russo, a case which was previously covered in this blog, was a blow to pro-lifers trying to use the legislative process to chip away at abortion-on-demand. Chief Justice John Roberts, once again, joined with the liberal bloc to deliver a bad judgment. What went wrong?
Estimated reading time: 6 minutes
One of the challenges of analyzing any jurisprudence by Roberts is that he seems to be inconsistent. Someone will guess his decision based on politics (he’s conservative…right?), and then he’ll flip. People talk about his commitment to the “legitimacy of the court,” and then he upholds a decision which he explicitly believes is wrong.
Roberts could have a grand, overarching plan for guiding jurisprudence over the course of decades, chipping away at old foundations to lay the groundwork for good decisions. But it more frequently feels like his pragmatism causes him to hurt conservative causes at critical junctures.
First, I’ll look at his explicit justification for the decision in Russo as he states it. I’m of the opinion that his surface-level obedience to stare decisis is not the only thing going on in his thinking. Roberts is playing something of a game with the rules of the Supreme Court, and I’ll explain what I think is going on later in this article.


