Oliphant's Opaque Opinion Summary

Good Essays
Oliphant 's Opaque Opinion Before Franklin Roosevelt 's New Deal, court justices referenced the Constitution in order to ensure economic liberty and prevention of encroachment upon private property. This conservative court was quick to strike down many of the New Deal initiatives, until there was a power shift on the bench in 1937. This historical context goes to show how a simple change in partisan power within the legal system has the potential to dramatically recalibrate the U.S. Supreme Court. In fact, just one justice has the capacity to have a strong influence within the courtroom. Correspondingly, James Oliphant composed "Tipping the Scales" which canvasses John Roberts role as Chief Justice. The primary purpose of Oliphant 's article is to examine how Chief Justice John Roberts ' interpretation of the Constitution, philosophical altercations between his Midwestern pragmatism and conservative radicalism, and recent climatic political behaviors is setting him on course to…show more content…
Oliphant analyzes the delicate balance of choosing political sides as compared to strictly upholding the law. Moreover, intertwined throughout the article, Oliphant records predications for the future of the court. For example, he outlines the potential implications if Romney were to have been elected in the 2012 November presidential race. Oliphant appeals to the reputation of Chief Justice Roberts ' historical appointment, voting history, forecasted impact on the bench, and implied influences by political parties and media, in order to establish Roberts ' credibility, despite a reputation inconsistent with his judiciary colleagues. Oliphants sinuous article, "Tipping the Scales" institutes that readers will arrive at one of two conclusions: Chief Justice Roberts 's decisions are unreliable or his actions are justified based on his
Get Access