Chief Justice Roberts laments having to do Congress's job
Interviewing Chief Justice John G. Roberts Jr. during an event at Manhattans Temple Emanu-El on Monday night, Rabbi Mark Lipson offered a critique of the legislative and executive branches that counterbalance Robertss court.
Well, youre right, Roberts replied, to laughter. I cant.
That sentiment that Congress and the executive branch werent fulfilling their obligations nonetheless ran as an undercurrent to Robertss remarks during the hour-and-a-half long discussion. He explicitly lamented that the courts decisions had come to be seen as inherently political, a function of the politically polarized environment in which we live, but also a function of the legislative and executive branches leaving a broad range of decisions to the justices.
He offered the example of Massachusetts v. Environmental Protection Agency, a 2006 decision in which the court determined that the EPA could regulate greenhouse gases as pollutants under the Clean Air Act of 1970.
You would have hoped that some time between 1970 and 2010, the politics branches had addressed that very important question, Roberts said. Because they had not, the decision was left up to the court.
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