This year, Stockton’s celebration of Constitution Day fell on the actual anniversary of the signing of the United States Constitution in Philadelphia. This being one of my favorite holidays, I attended the plenary lecture which followed a day of activities with guest speaker Joan Biskupic.
Biskupic is a journalist (CNN), lawyer and biographer. Her talk focused on John Roberts, Chief Justice of the Supreme Court. Her biography entitled The Chief: The Life and Turbulent Times of Chief Justice John Roberts was released in March of this year, and already Roberts has served up more surprises, particularly blocking a citizenship question on the US census. His opinion was based not just on the question of whether the agency involved had the right to add a question, but also whether the reasons for making the change were “contrived”.
Biskupic emphasized the importance of the DC Circuit of the US Court of Appeals as a “pipeline” to the Supreme Court.
During his years of private legal practice (1992 to 2003) Roberts argued 39 cases before the Supreme Court.
Roberts is a conservative, placed on the Court in 2005 by GW Bush and, unusually, elevated directly to Chief Justice, rather than serving as Associate Justice first. Some of his opinions reflect his attitude that the Supreme Court is “not a legislature” and many matters must be left to the states.
What interests Biskupic most is judicial PROCESS – the “horse trading” and “sausage making” behind the decisions which often (as in gay marriage) have huge impacts on American life. Much of this is reflected in drafts that are circulated as justices develop their opinions. How does one justice influence another? Justice RBG warns observers “it’s not over ‘til it’s over”. The Supreme Court sometimes surprises even the most sophisticated analysts.
Biskupic says that in her next life, she wants to be an archivist. She loves pouring over documents. I consider this a very valuable contribution to society (and I never met anyone else who shared that aspiration).
I didn’t stay for the entire Q/A session, but it got off to a good start due to excellent moderation. The first question was about whom she interviewed for The Chief. Roberts is a persistent interviewer. She describes Roberts as “inscrutable”. He never permitted recording of their conversations. Other questions directed to Biskupic pertained to “sleeper decisions”, decisions of greatest consequence and “term limits” for the Supreme Court.
Biskupic published three other Supreme Court biographies and additional related books, some coauthored by Elder Witt (C-Span). I’m most interested in Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice (2014). I believe I read Biskupic’s 2006 biography of Sandra Day O’Connor, though my memory is uncertain, and perhaps I read a different author.