Roberts Court

The Roberts Court refers to the U.S. Supreme Court during the tenure of John Roberts as its Chief Justice (2005-). It is the successor to the Rehnquist Court.

The Roberts Court is perhaps the least productive ever, based on statistical measures of achievement. The current members are as follows:

• Chief Justice John Roberts (since October 2005)
• Associate Justice Elena Kagan (since 2010)
• Associate Justice Neil Gorsuch (since 2017)
• Associate Justice Brett Kavanaugh (since 2018)
• Associate Justice Sonia Sotomayor (since August 2009)
• Associate Justice Clarence Thomas
• Associate Justice Amy Coney Barrett (since November 2020)
• Associate Justice Stephen Breyer
• Associate Justice Samuel Alito (since January 2006)

The Roberts Court expressly overturned these precedents as of July 2007:

• Leegin Creative Leather Prods. v. PSKS, Inc., 127 S. Ct. 2705 (2007) overturned the antitrust per se rule against Resale Price Maintenance established by Dr. Miles Medical Co. v. John D. Park & Sons Co, 220 U.S. 373 (1911)

• Bowles v. Russell, 127 S. Ct. 2360 (2007), overturned a procedural rule about the timing of a filing that was established in Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215 (1962), and Thompson v. INS, 375 U.S. 384 (1964)

• Ill. Tool Works Inc. v. Indep. Ink, Inc., 547 U.S. 28 (2006), overturned by an 8-0 vote an antitrust precedent established in International Salt Co. v. United States, 332 U.S. 392 (1947).

In addition, liberals feel that the Roberts Court implicitly overturned precedents in these cases, making a total of eight precedents overturned by the Roberts/Alito Court in merely a year and a half:

• Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No. 1, 127 S. Ct. 2738 (2007) (ending school desegregation programs in the absence of an applicable court order)

• Gonzales v. Carhart, 127 S. Ct. 1610 (2007) (ending partial-birth abortion by upholding the federal statute)

• Hein v. Freedom from Religion Found., Inc., 127 S. Ct. 2553 (2007) (upholding faith-based programs by limiting jurisdiction to challenge spending by the Executive Branch under the Establishment Clause)

• Ledbetter v. Goodyear Tire & Rubber Co., 127 S. Ct. 2162 (2007) (cutting off employment sex discrimination claims)

• FEC v. Wis. Right to Life, Inc., 127 S. Ct. 2652 (2007) (end restrictions on independent campaign expenditures prior to an election by striking down portions of the McCain-Feingold campaign finance bill)

Future cases

The Roberts Court appears to have a 5-vote majority to overrule liberal precedents in these areas:

• election law
• Establishment Clause
• affirmative action
• some types of abortion cases
• use of the Sentencing Guidelines (but not 5 votes for Justice Antonin Scalia's view)