Editor’s Explainer: Roberts would be new swing vote
Judge Brett Kavanaugh, if confirmed to the Supreme Court, will take the seat left by retiring justice Anthony Kennedy. Though nominally a Republican, Kennedy was the swing vote on a variety of 5-4 decisions. Kavanaugh, conversely, would be the second most conservative justice on the court, according to political scientist Lee Epstein. This change in the court’s ideological makeup would likely make Chief Justice John Roberts the new swing vote.
The Supreme Court generally moves slowly, deferring to precedent except in rare cases, preferring evolutionary to revolutionary change. It’s thus unlikely that key precedents like Roe v. Wade would be directly overturned. Incremental changes, though, are not necessarily insignificant changes.
I’ll use abortion rights as an example. While the court is unlikely to reverse Roe entirely, the court may make it tougher to get an abortion. One of the key differences on reproductive issues between the court’s liberal and conservative justices is on questions about the so-called “undue burden” standard first laid out in Planned Parenthood v. Casey, in which the court weighs the state interests served by a statute against the burden that the statute imposes on a woman’s right to an abortion. While Kennedy often sided with the liberal justices on questions of undue burden, Roberts’ interpretation of the undue burden test is likely to move the court slowly to the right on the issue, making abortions less available in conservative states.
So, while it seems improbable that the Roberts Court will overturn key precedents like Roe or Obergefell v. Hodges (which legalized same-sex marriage), the court will almost certainly move significantly to the right — just not as fast as you might think.
More from The Rice Thresher
Now is the time to understand religious diversity and discrimination at Rice
In the midst of a nationwide increase in religious discrimination and hostility, particularly following the events of Oct. 7 in Israel and ensuing humanitarian crisis in Gaza, there is a need to examine how Rice University students have been impacted, how they are responding and the degree to which religious tolerance, religious accommodations, and perceptions of religious discrimination at Rice have changed.
We need to diversify Rice’s foodscape
Rice students have lots to say about access to food while on and around campus. Rice’s unique foodscape lives and breathes the school’s motto of unconventional wisdom by helping accommodate a diverse group of students. But to a certain extent, it could benefit from a taste of conventional wisdom. Implementing other universities’ foodscape features at Rice would benefit our students.
Practice safe drinking post-Prohibition
Dean of Undergraduates Bridget Gorman finally released the long-awaited Alcohol Policy Advisory Committee’s recommendations regarding the alcohol policy on March 22. We have to be honest — it could have been much worse.
Please note All comments are eligible for publication by The Rice Thresher.