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"A Tale of Two Chiefs"

"This tale of two chiefs depends entirely on whether Roberts determines the decision will lead to the best of times or the worst of times. If the Chief fears rough roads ahead, less will be decided."

Josh Blackman | 8.10.2026 10:22 AM

I have some thoughts on Slaughter and Cook. In this new essay for Law & Liberty, titled A Tale of Two Chiefs, I was feeling Dickensian.

Here is the introduction:

Chief Justice John Roberts's twentieth year on the Supreme Court demonstrates the contradictions of his career. There is Chief Justice Roberts, the institutionalist, who strategically guides the Supreme Court by not deciding more than is necessary to decide. Then there is Chief Justice Roberts, the institutionalist, who strategically guides the Supreme Court by deciding more than is necessary to decide. Which Roberts do we get in each case? This tale of two chiefs depends entirely on whether Roberts determines the decision will lead to the best of times or the worst of times. If the Chief fears rough roads ahead, less will be decided. If the Chief sees smooth sailing,........

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