Alito And Roberts: Two Decades On The Supreme Court Bench

Viktoria Ivanova

6 min read

Post on May 20, 2025

4.9

Share

Justice John Roberts: A Pragmatic Conservative?

Roberts's Early Career and Judicial Appointments

• Previous Roles: Before his Supreme Court appointment, John Roberts served in various prestigious positions, including as a U.S. District Court Judge for the District of Columbia and as Principal Deputy Solicitor General.
• Nomination Process: His nomination by President George W. Bush was met with intense scrutiny, particularly given the highly partisan political climate.
• Initial Expectations: Many anticipated Roberts would be a staunch conservative, but his early decisions on the Court displayed a surprising degree of pragmatism and a concern for maintaining the Court’s institutional legitimacy.

Roberts’s background as a highly accomplished lawyer and his experience navigating the complexities of the legal system significantly shaped his judicial philosophy. His role as Chief Justice also grants him significant influence over the Court's agenda and internal dynamics, enabling him to shape the Court's approach to cases and their impact. He has consistently sought to project an image of the Supreme Court as a non-partisan institution despite the highly political nature of many of the cases before it.

Key Decisions and Judicial Philosophy

• Key Cases: NFIB v. Sebelius (Affordable Care Act), Obergefell v. Hodges (same-sex marriage), Citizens United v. FEC (campaign finance).
• Constitutional Interpretation: Roberts often employs textualism and originalism in his interpretations, yet displays a pragmatic streak, sometimes prioritizing maintaining precedent or avoiding drastic shifts in established legal principles.
• Focus on Precedent and Legitimacy: Roberts has demonstrated a concern for upholding the Court's legitimacy by attempting to build consensus and avoid overly divisive decisions where possible.

In NFIB v. Sebelius, Roberts sided with the liberal justices to uphold the Affordable Care Act, a decision that surprised many conservative observers. However, his opinion in Citizens United v. FEC exemplifies a more conservative approach, significantly impacting campaign finance regulations. His approach to constitutional interpretation is complex and not easily categorized as solely "conservative," revealing a sophisticated understanding of the law and a desire to maintain the Court's institutional standing. His decisions have undeniably impacted American political and legal landscapes, often sparking vigorous public debate.

Justice Samuel Alito: A Strict Constructionist's Legacy

Alito's Background and Appointment

• Career Before the Supreme Court: Alito served as a U.S. Attorney and as a judge on the United States Court of Appeals for the Third Circuit.
• Nomination Process: His nomination by President George W. Bush followed a highly contentious confirmation process, mirroring the political polarization of the time.
• Political Climate: Alito's appointment was seen as a significant victory for conservatives seeking to shift the Court's ideological balance.

Alito's background as a prosecutor and his conservative judicial philosophy were well-known before his appointment. This solidified his reputation as a staunch conservative justice. He frequently emphasizes a textualist and originalist approach to constitutional interpretation, placing greater emphasis on the original meaning of the Constitution.

Key Decisions and Conservative Influence

• Key Cases: Planned Parenthood v. Casey, Dobbs v. Jackson Women’s Health Organization, Citizens United v. FEC.
• Strict Constructionism: Alito consistently advocates for a strict constructionist approach, emphasizing the literal meaning of the Constitution's text and limiting judicial intervention.
• Dissenting Opinions: His dissenting opinions have often laid the groundwork for subsequent conservative victories, showcasing his impact on the Court's jurisprudence.

Alito's decisions have notably shaped modern jurisprudence, especially in cases related to abortion rights. His majority opinion in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, demonstrating the strength of his conservative convictions and their significant influence on the legal and political landscape. His consistent emphasis on textualism and originalism has firmly positioned him as a leading voice within the conservative wing of the Supreme Court.

The Alito and Roberts Courts: A Comparative Analysis

Contrasting Judicial Philosophies

• Constitutional Interpretation: While both Roberts and Alito employ aspects of originalism and textualism, Roberts demonstrates more pragmatism and a concern for precedent, while Alito adheres more strictly to a conservative interpretation.
• Agreement and Disagreement: Despite their shared conservative leanings, they have demonstrated both agreement and disagreement in various cases, highlighting nuanced differences in their judicial philosophies.

Despite their overlapping conservative viewpoints, Roberts's pragmatic approach sometimes leads him to deviate from purely ideologically driven decisions, leading to instances of disagreement with Alito, especially concerning the scope of judicial review and the importance of precedent.

Impact on American Law and Society

• Societal Impact: Their decisions have profound implications for various areas, including reproductive rights, voting rights, campaign finance, and religious freedom. Their rulings have fundamentally reshaped the legal landscape, sparking intense political and societal debates.
• Public Opinion and Political Discourse: The decisions by Justices Alito and Roberts consistently garner significant attention in the media, influencing public opinion and fueling political polarization.

The rulings of Justices Alito and Roberts have far-reaching consequences, impacting not only the legal system but also the broader social and political fabric of the United States. The decisions on abortion rights, for example, have ignited intense public debates and redefined the political landscape. Understanding the impact of these rulings requires a careful analysis of their legal reasoning and their subsequent effects on American society.

Conclusion: Understanding Alito and Roberts's Enduring Influence

Justices Alito and Roberts have profoundly shaped the Supreme Court's direction over the past two decades. While sharing a conservative orientation, their approaches to constitutional interpretation differ significantly, leading to both convergence and divergence in their rulings. Their decisions have had—and will continue to have—a lasting impact on American law and society, sparking ongoing debate and prompting further examination of their jurisprudential legacies. To gain a deeper understanding of their influence, explore "Alito and Roberts jurisprudence," research specific Supreme Court decisions involving Alito and Roberts, and delve into the impact of Alito and Roberts on American law through scholarly articles and legal analysis. Further research into their individual philosophies and the specific cases they have decided is essential to fully grasping their enduring influence on the American legal landscape.