One more observation is perhaps warranted before we leave Roberts in the rearview mirror.
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It speaks volumes about this political moment, and also about the nature and current posture of the Supreme Court, that two of the people who still regarded their participation on a multi-person court as a project in relationship-building and compromise and the long-term banking of trust and goodwill to achieve tolerable outcomes for everyone, are now wholly sidelined. Breyer has retired and Roberts is left conducting an orchestra that has chosen to play its own discordant symphonies.
It is clear that the era of compromise, of meeting in the middle, of occasional half-a-loafing is as over at the court as it is in Congress. Maybe the value of such moves was always overstated, and maybe it always served as stagecraft more than reality. But there is a causal connection at work here that has less to do with winking and horse trading, or even with civility in interpersonal conduct, than with simple judicial humility.
, and reading a lot more nasty attacks. The reason some semblance of ideological “balance” mattered at the high court was because we need at least the illusion of jurists capable of self-doubt. It wasn’t only about doing deals.
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