Author talk: 'Inventing the Modern' at Cornwall Library

“We want a Supreme Court which will do justice under the constitution – not over it. In our courts we want a government of laws, not of men.”
Franklin D. Roosevelt

John Roberts was nominated to replace Sandra Day O’Connor as a justice on the Supreme Court in July 2005 – three days later Rehnquist died and Roberts was nominated for Chief Justice as his replacement. The most vocal Democratic resister to Roberts’ confirmation was the new Senator Barack Obama who contested that though Roberts would be unquestionably qualified for 95 % of Supreme Court cases, he would be lacking for 5% of cases requiring depth and width of empathy – Roberts was for the strong over the weak. Roberts was confirmed 72 – 22. Four years later, January 20, 2009, Roberts bungled the Presidential oath of office at Obama’s inauguration, the oath was redone on January 21. Both men had been president of the Harvard Law Review – Roberts in 1978 and Obama in 1990.

In 2005 the Supreme Court enjoyed approval ratings over 60% - comfortable, respectable. In 2026, their approval rating is 42%, disapproval 57% - nearly a full reversal. The Court has lost the trust of a majority of the nation, 69% are in favor of term limits for Justices versus lifetime appointments. The stability of the law is in question. Many cases have been overturned, some cases have been decided with extraordinary outcomes for money in elections, for immunity from prosecution for the executive.