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John Roberts
Official portrait of John Roberts as Chief Justice of the United States
Official portrait, 2005
17th Chief Justice of the United States
Assumed office
September 29, 2005
Nominated by George W. Bush
Preceded by William Rehnquist
Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
June 2, 2003 – September 29, 2005
Nominated by George W. Bush
Preceded by James L. Buckley
Succeeded by Patricia Millett
Principal Deputy Solicitor General
of the United States
In office
October 24, 1989 – January 1993
President George H. W. Bush
Preceded by Donald B. Ayer
Succeeded by Paul Bender
Associate Counsel to the President
In office
November 28, 1982 – April 11, 1986
President Ronald Reagan
Preceded by J. Michael Luttig
Succeeded by Robert M. Kruger
Personal details
Born
John Glover Roberts Jr.

(1955-01-27) January 27, 1955 (age 69)
Buffalo, New York, U.S.
Spouse
Jane Sullivan
(m. 1996)
Children 2
Education Harvard University (BA, JD)
Signature Cursive signature in ink

John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. He has been described as having a moderate conservative judicial philosophy, though he is primarily an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc, and has been regarded as a swing vote on the Court.

Roberts grew up in Northwest Indiana and was educated in a series of Catholic schools. He studied history at Harvard University and then attended Harvard Law School, where he was managing editor of the Harvard Law Review. He served as a law clerk for Circuit Judge Henry Friendly and Justice William Rehnquist before taking a position in the attorney general's office during the Reagan Administration. He went on to serve the Reagan Administration and the George H. W. Bush Administration in the Department of Justice and the Office of the White House Counsel, during which he was nominated by George H. W. Bush to the U.S. Court of Appeals for the District of Columbia Circuit, but no vote on his nomination was held. Roberts then spent 14 years in private law practice. During this time, he argued 39 cases before the Supreme Court. Notably, he represented 19 states in United States v. Microsoft Corp.

Roberts became a federal judge in 2003, when President George W. Bush appointed him to the District of Columbia Circuit. During his two-year tenure on the D.C. Circuit, Roberts authored 49 opinions, eliciting two dissents from other judges, and authoring three dissents of his own. In 2005, Bush nominated Roberts to the Supreme Court, initially to be an associate justice to fill the vacancy left by the retirement of Justice Sandra Day O'Connor. Chief Justice William Rehnquist died shortly afterward, however, before Roberts's Senate confirmation hearings had begun. Bush then withdrew Roberts's nomination and instead nominated him to become Chief Justice, choosing Samuel Alito to replace O'Connor.

Roberts has authored the majority opinion in many important cases, including decisions relating to elections, federal agencies, presidential power, the Affordable Care Act, and race-based college admissions.

Early life and education

John Glover Roberts Jr. was born on January 27, 1955, in Buffalo, New York, the son of Rosemary (née Podrasky; 1929–2019) and John Glover "Jack" Roberts Sr. (1928–2008). His father had Irish and Welsh ancestry, and his mother was a descendant of Slovak immigrants from Szepes, Hungary. He has an elder sister, Kathy, and two younger sisters, Peggy and Barbara. Roberts spent his early childhood years in Hamburg, New York, where his father worked as an electrical engineer for the Bethlehem Steel Corporation at its large factory in Lackawanna.

In 1965, ten-year-old Roberts and his family moved to Long Beach, Indiana, where his father became manager of a new steel plant in nearby Burns Harbor. Roberts attended La Lumiere School, a small but affluent and academically rigorous Catholic boarding school in La Porte, Indiana, where he was captain of the school’s football team and was a regional champion in wrestling. He also participated in choir and drama, and co-edited the school newspaper. He graduated first in his class in 1973.

Roberts then studied history at Harvard University, entering with sophomore (second-year) standing based on his high academic achievement in high school. One of his first papers, "Marxism and Bolshevism: Theory and Practice", won Harvard's William Scott Ferguson Prize for most outstanding essay by a sophomore history major, and in his senior year his paper "The Utopian Conservative: A Study of Continuity and Change in the Thought of Daniel Webster" won a Bowdoin Prize. Each summer he returned home to earn money working at the steel plant his father managed. He graduated in 1976 with an A.B., summa cum laude, and was elected to Phi Beta Kappa.

Roberts had originally planned to pursue a Ph.D. in history but ultimately decided to attend Harvard Law School instead. He became managing editor of the Harvard Law Review and graduated in 1979 with a J.D. magna cum laude.

Early legal career

Ronald Reagan Greets John Roberts
President Ronald Reagan greeting Roberts in the Oval Office while Roberts was serving as an associate White House Counsel (1983)

After graduating from law school, Roberts was a law clerk for judge Henry Friendly of the U.S. Court of Appeals for the Second Circuit from 1979 to 1980, then for justice (later chief justice in 1986) William Rehnquist of the U.S. Supreme Court from 1980 to 1981.

Following his clerkships, Roberts began working for the U.S. government in the Administration of President Ronald Reagan, first from 1981 to 1982 as a special assistant to U.S. Attorney General William French Smith, then from 1982 to 1986 as an associate with the White House Counsel. He then entered private practice in Washington, D.C., as an associate at the law firm Hogan & Hartson (now Hogan Lovells) and worked in the field of corporate law.

In 1989, Roberts joined the Administration of president George H. W. Bush as Principal Deputy Solicitor General. He served as the acting solicitor general for the case of Metro Broadcasting, Inc. v. FCC when the solicitor general, Ken Starr, had a conflict of interest. In the case, Roberts argued against policies of the FCC intended to increase minority ownership of broadcast licenses, arguing that the racial preferences were unconstitutional. Roberts's decision to argue that a federal agency's policy was unconstitutional surprised many lawyers within the Solicitor General's office. In 1992, Bush nominated Roberts to a seat on the U.S. Court of Appeals for the D.C. Circuit, but no Senate vote was held, and Roberts's nomination expired at the end of the 102nd Congress.

Following Bush's defeat by Bill Clinton in the 1992 presidential election, Roberts left government service and returned to Hogan & Hartson as a partner. He became the head of the firm's appellate practice, and also became an adjunct professor at the Georgetown University Law Center. During this time, Roberts argued 39 cases before the Supreme Court, prevailing in 25 of them. He represented 19 states in United States v. Microsoft.

During the late 1990s, while working for Hogan & Hartson, Roberts served as a member of the steering committee of the Washington, D.C., chapter of the conservative Federalist Society. In 2000, Roberts advised Jeb Bush, then governor of Florida, concerning Bush's actions in the Florida election recount during the presidential election.

U.S. Court of Appeals for the District of Columbia Circuit

John Roberts
Roberts as a judge on the U.S. Court of Appeals for the District of Columbia Circuit (c. 2003)

On May 9, 2001, President George W. Bush nominated Roberts to a seat on the U.S. Court of Appeals for the District of Columbia Circuit to replace judge James L. Buckley, who had recently retired. However, the Democratic Party had a majority in the Senate at the time and was in conflict with Bush over his judicial nominees. Senate Judiciary Committee chairman Patrick Leahy refused to give Roberts a hearing in the 107th Congress. The GOP regained control of the Senate on January 7, 2003, and Bush resubmitted Roberts's nomination that day. Roberts was confirmed on May 8, 2003, and received his commission on June 2, 2003. During his two-year tenure on the D.C. Circuit, Roberts authored 49 opinions, eliciting two dissents from other judges, and authoring three dissents of his own.

Appointment to Supreme Court

Robertsoath6
President George W. Bush announces Roberts's nomination to be Chief Justice (2005).

On July 19, 2005, President Bush nominated Roberts to the U.S. Supreme Court to fill a vacancy to be created by the impending retirement of Justice Sandra Day O'Connor. Roberts's nomination was the first Supreme Court nomination since Stephen Breyer in 1994. On September 3, 2005, while Roberts's confirmation was pending before the Senate, Chief Justice William H. Rehnquist died. Two days later, Bush withdrew Roberts's nomination as O'Connor's successor and announced Roberts's new nomination as Chief Justice.

Confirmation

On September 22, the Senate Judiciary Committee approved Roberts's nomination by a vote of 13–5, with Senators Ted Kennedy, Richard Durbin, Charles Schumer, Joe Biden and Dianne Feinstein voting against. Roberts was confirmed by the full Senate on September 29 by a margin of 78–22. All Republicans and the one Independent voted for Roberts; the Democrats split evenly, 22–22. Roberts was confirmed by what was, historically, a narrow margin for a Supreme Court justice. However, all subsequent confirmation votes have been even more narrow.

U.S. Supreme Court

Swearing-In of Supreme Court Chief Justice John Roberts
Roberts is sworn in as Chief Justice by Justice John Paul Stevens in the East Room of the White House as President Bush and Roberts's wife Jane look on, September 29, 2005.

Roberts took the Constitutional oath of office, administered by Associate Justice John Paul Stevens at the White House, on September 29, 2005. On October 3, he took the judicial oath provided for by the Judiciary Act of 1789 at the United States Supreme Court building.

Fourth Amendment

Roberts wrote his first dissent in Georgia v. Randolph (2006). The majority's decision prohibited police from searching a home if both occupants are present but one objected and the other consented. Roberts criticized the majority opinion as inconsistent with prior case law and for partly basing its reasoning on its perception of social custom. He said the social expectation test was flawed because the Fourth Amendment protects a legitimate expectation of privacy, not social expectations.

In Utah v. Strieff (2016), Roberts joined the majority in ruling (5–3) that a person with an outstanding warrant may be arrested and searched, and that any evidence discovered based on that search is admissible in court; the majority opinion held that this remains true even when police act unlawfully by stopping a person without reasonable suspicion, before learning of the existence of the outstanding warrant.

In Carpenter v. United States, a landmark decision involving privacy of cellular phone data, Roberts wrote the majority opinion in a 5–4 ruling that searches of cellular phone data generally require a warrant.

Notice and opportunity to be heard

Although Roberts has often sided with Scalia and Thomas, he also provided a crucial vote against their mutual position in Jones v. Flowers, siding with liberal justices of the court in ruling that, before a home is seized and sold in a tax-forfeiture sale, due diligence must be demonstrated and proper notification needs to be sent to the owners. Dissenting justices were Anthony Kennedy, Antonin Scalia and Clarence Thomas, while Roberts's opinion was joined by David Souter, Stephen Breyer, John Paul Stevens and Ruth Bader Ginsburg. Samuel Alito did not participate.

Capital punishment

On November 4, 2016, Roberts was the deciding vote in a 5–3 decision to stay an execution. On February 7, 2019, Roberts was part of the majority in a 5–4 decision rejecting a Muslim inmate's request to delay execution in order to have an imam present with him during the execution. Also, in February 2019, Roberts sided with Justice Kavanaugh and the court's four liberal justices in a 6–3 decision to block the execution of a man with an "intellectual disability" in Texas.

Affirmative action

Roberts opposes the use of race in assigning students to particular schools, including for purposes such as maintaining integrated schools. He sees such plans as discrimination in violation of the Constitution's Equal Protection Clause and Brown v. Board of Education. In Parents Involved in Community Schools v. Seattle School District No. 1, the Court considered two voluntarily adopted school district plans that relied on race to determine which schools certain children may attend. The Court had held in Brown that "racial discrimination in public education is unconstitutional," and later, that "racial classifications, imposed by whatever federal, state, or local governmental actor, ... are constitutional only if they are narrowly tailored measures that further compelling governmental interests," and that this "[n]arrow tailoring ... require[s] serious, good faith consideration of workable race-neutral alternatives." Roberts cited these cases in writing for the Parents Involved majority, concluding that the school districts had "failed to show that they considered methods other than explicit racial classifications to achieve their stated goals." In a section of the opinion joined by four other justices, Roberts added that "[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

John Roberts 2021
Roberts in 2021

Awards and honors

In 2007, Roberts received an honorary degree from the College of the Holy Cross, where he delivered a commencement address that same year.

Personal life

Roberts and his wife, Jane Sullivan, were married on July 27, 1996. Sullivan is a lawyer who became a prominent legal recruiter at the firms of Major, Lindsey & Africa and Mlegal. Along with Clarence Thomas, she is on the board of trustees at her alma mater, the College of the Holy Cross. The couple lives in Chevy Chase, Maryland, an affluent suburb of Washington, D.C., and they have two adopted children: John "Jack" and Josephine "Josie".

Roberts is one of 15 Catholic justices—out of 115 justices total—in the history of the Supreme Court. Of those fifteen justices, six (Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Brett Kavanaugh, and Amy Coney Barrett) are currently serving.

Published works

Section III ("The Takings Clause") of the unsigned student note "Developments in the Law: Zoning" (pp. 1427–1708). Subsection C ("Contract Clause—Legislative Alteration of Private Pension Agreements: Allied Structural Steel Co. v. Spannaus") of Section I ("Constitutional Law") of the unsigned student note "The Supreme Court, 1977 Term" (pp. 1–339).

See also

Kids robot.svg In Spanish: John Roberts para niños

  • Demographics of the Supreme Court of the United States
  • List of justices of the Supreme Court of the United States
  • List of law clerks of the Supreme Court of the United States (Chief Justice)
  • List of law clerks of the Supreme Court of the United States (Seat 9)
  • List of United States chief justices by time in office
  • List of United States Supreme Court justices by time in office
  • United States Supreme Court cases decided by the Roberts Court
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