John Glover Roberts Jr. (born January 27, 1955) is an American jurist who has served since 2005 as the 17th chief justice of the United States. Though primarily an institutionalist, he has been described as having a moderate conservative judicial philosophy. Regarded as a swing vote in some cases, Roberts has presided over an ideological shift toward conservative jurisprudence on the high court, in which he has authored key opinions.
Born in Buffalo, New York, Roberts was raised Catholic in Northwest Indiana and studied at Harvard University, initially intending to become a historian. He graduated in three years with highest distinction, then attended Harvard Law School, where he was the managing editor of the Harvard Law Review. Roberts served as a law clerk to Judge Henry Friendly and Justice William Rehnquist and held positions in the Department of Justice from 1989 to 1993 during the presidencies of Ronald Reagan and George H. W. Bush. He then became a partner at a law firm and built a leading appellate practice, arguing 39 cases before the Supreme Court.
In 1992, President George H. W. Bush nominated Roberts to the U.S. Court of Appeals for the District of Columbia Circuit, but the Senate did not hold a vote on his confirmation. In 2003, President George W. Bush appointed Roberts to the D.C. Circuit. In 2005, Bush nominated Roberts to the Supreme Court, initially as an associate justice to fill the vacancy left by Justice Sandra Day O'Connor but then as chief justice after Rehnquist's death. Roberts was confirmed by a Senate vote of 78–22. Aged 50, he was the youngest chief justice since John Marshall.
As chief justice, Roberts has authored majority opinions in many landmark cases, including National Federation of Independent Business v. Sebelius (upholding most sections of the Affordable Care Act), Shelby County v. Holder (limiting the Voting Rights Act of 1965), Trump v. Hawaii (expanding presidential powers over immigration), Carpenter v. United States (expanding digital privacy), Students for Fair Admissions v. Harvard (overruling race-based admission programs), and Trump v. United States (outlining the extent of presidential immunity from criminal prosecution). Roberts also presided over President Donald Trump's first impeachment trial.
Early life and education <!--Note: Some of these citations apply also to other sentences in their respective paragraph, especially preceding ones.-->
Roberts was born on January 27, 1955, in Buffalo, New York, to Rosemary (née Podrasky) and John Glover "Jack" Roberts Sr., both devout Catholics. His father had Irish and Welsh ancestry and his mother was a descendant of Slovak immigrants from Szepes, Hungary. He has two younger sisters, Margaret and Barbara; an elder sister, Kathy, died in 2021. Roberts spent his early childhood years in Hamburg, New York, where his father worked as an electrical engineer for the Bethlehem Steel Corporation's factory in Lackawanna.
In 1965, ten-year-old Roberts and his family moved to Long Beach, Indiana, where his father became the manager of a new steel plant in nearby Burns Harbor. By age 13, Roberts "already had a clear plan for his life." He attended the parochial La Lumiere School, Every summer, he returned home to work at the steel plant his father managed.
In 1976, Roberts obtained his Bachelor of Arts degree in history, summa cum laude, and was elected to Phi Beta Kappa. A recent surplus of history graduate students convinced him to attend Harvard Law School for better career prospects, though he maintained his original goal to become a professor. His first-year performance in law school placed him in the top 15 students in a class of 550 and won him membership on the Harvard Law Review. The journal's president, David Leebron, chose Roberts as its managing editor, despite their differing political views. Classmate David Wilkins described Roberts as "more conservative than the typical Harvard Law student in the 1970s" but well-liked by fellow students.
Early legal career
After graduating from law school, Roberts was a law clerk for Judge Henry Friendly, one of the most influential judges of the century, at the U.S. Court of Appeals for the Second Circuit from 1979 to 1980. Friendly was impressed by Roberts's performance; they shared similar backgrounds, and co-clerk Reinier Kraakman recalled that "there was a bond between them." When Roberts became a federal judge years later, he identified with Friendly's nonpartisan approach to law and maintained a correspondence with him. After finishing his clerkship at the Second Circuit in May, Roberts went to clerk for Justice (later Chief Justice) William Rehnquist at the U.S. Supreme Court from 1980 to 1981. From 1982 to 1986, Roberts was an associate with the White House Counsel. E. Barrett Prettyman Jr., under whom he was first assigned, was one of the most prominent advocates in the country along with Rex E. Lee. Roberts also built a successful practice as an appellate lawyer, heading the firm's division for appellate advocacy. He made his first appearance before the Supreme Court in United States v. Halper, arguing against the government, and the Court unanimously upheld his arguments.
Appellate advocacy
thumb|Roberts with President Reagan on [[Air Force One in 1985]]
In 1989, Ken Starr relinquished his judgeship on the D.C. Circuit to become U.S. Solicitor General under President George H. W. Bush. Needing a deputy, Starr chose Roberts to join the administration as Principal Deputy Solicitor General. "I felt that his experience was good for the political deputy position. [Roberts] was a steady hand, a wise hand. He came in as a person not of vast experience but of vast ability," Starr recalled. With the new appointment, Roberts, whose work had previously been confidential, became a prominent figure at the Supreme Court, leading the filings of the Bush administration and representing it in the media.
As deputy solicitor general, Roberts frequently appeared before the Supreme Court. He argued for a number of conservative positions, including those against abortion, an extensive federal jurisdiction, and policies that afforded special benefits to minority groups. In 1990, he successfully argued his first case in Atlantic Richfield Company v. USA Petroleum Company, which concerned anti-trust law, and then successfully argued the standing case of Lujan v. National Wildlife Federation, which became a hallmark in the field. When Starr recused himself in Metro Broadcasting, Inc. v. FCC, Roberts took his place, arguing that the use of racial preferences by the Federal Communications Commission (FCC) was unconstitutional. The position failed to convince the Court, which announced on June 27, 1990, that it had sided with the FCC. Government attorneys, surprised by Roberts's stance against the FCC, discussed whether it contributed to a politicization of the office, as the Solicitor General traditionally defended the government. Thomas Merrill, a deputy for the Solicitor General, described Roberts's candid position simply as: "This affirmative action program violated the Constitution, and we should present that to the Supreme Court."
thumb|Roberts idolized his judicial mentor, Judge [[Henry Friendly, and described Friendly as the "exemplar of judicial modesty".]]
When Clarence Thomas was confirmed to the Supreme Court in 1991, Roberts's proven experience in complex litigation for the Bush administration made him a leading candidate to fill Thomas's vacancy on the U.S. Court of Appeals for the District of Columbia. On January 27, 1992, Bush nominated Roberts, who had just turned 37 years old, to the D.C. Circuit, and Starr urged Senator Joe Biden, chair of the Senate Judiciary Committee, to schedule a hearing despite an upcoming election year. Democratic lobbyists and progressive interest groups successfully encouraged Biden to stall the process. As Bill Clinton defeated Bush in the 1992 presidential election, Roberts's nomination lapsed with no Senate vote and expired at the end of the 102nd Congress.
In January 1993, Roberts returned to Hogan and Hartson, where, finding great success as an advocate, he began to regularly appear before the Supreme Court. With a reputation as the leading private Supreme Court litigator, Roberts often represented corporations that sued individuals or the government. He was Hogan and Hartson's most prominent partner, arguing 18 Supreme Court cases from 1993 to 2003 and 20 in nationwide appellate courts while also doing work pro bono, demonstrating expertise in a wide variety of different fields.
In June 1995, to Roberts's satisfaction, the Supreme Court overruled his previous loss of Metro Broadcasting, Inc. v. FCC in Adarand Constructors, Inc. v. Peña, establishing that the government must treat people on an individual basis. The next year, his pro bono contributions included giving fundamental aid to gay rights activists in the landmark case of Romer v. Evans (1996). During the 2000 presidential election, Roberts went to Florida to assist George W. Bush, by which time Jeffrey Toobin identified him as "among the top advocates of his generation". According to biographer Joan Biskupic, he built a reputation "for his powers of persuasion and tireless preparation", and "his meticulous preparation and unflagging composure inspired confidence among his well-heeled clients." His arguments against government regulation often appealed to Rehnquist and the Court's conservatives while his style and skill in rhetoric won him the respect of John Paul Stevens and the Court's liberals. Democrats and Republicans alike widely viewed Roberts as one of the most distinguished advocates to appear before the Supreme Court.
{| class="wikitable sortable plainrowheaders"
|+ Selected cases
|-
! Case
! Argued
! Decided
! Represented
|-
| First Options v. Kaplan, 514 U.S. 938
| March 22, 1995
| May 22, 1995
| Respondent
|-
| Adams v. Robertson, 520 U.S. 83
| January 14, 1997
| March 3, 1997
| Respondent
|-
| Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520
| December 10, 1997
| February 25, 1999
| Petitioner
|-
| Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340
| January 21, 1998
| March 31, 1998
| Petitioner
|-
| National Collegiate Athletic Association v. Smith, 525 U.S. 459
| January 20, 1999
| February 23, 1999
| Petitioner
|-
| Rice v. Cayetano, 528 U.S. 495
| October 6, 1999
| February 23, 2000
| Respondent
|-
| Eastern Associated Coal Corp. v. Mine Workers, 531 U.S. 57
| October 2, 2000
| November 28, 2000
| Petitioner
|-
| TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23
| November 29, 2000
| March 20, 2001
| Petitioner
|-
| Toyota Motor Manufacturing v. Williams, 534 U.S. 184
| November 7, 2001
| January 8, 2002
| Petitioner
|-
| Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302
| January 7, 2002
| April 23, 2002
| Respondent
|-
| Rush Prudential HMO, Inc. v. Moran, 536 U.S. 355
| January 16, 2002
| June 20, 2002
| Petitioner
|-
| Gonzaga University v. Doe, 536 U.S. 273
| April 24, 2002
| June 20, 2002
| Petitioner
|-
| Barnhart v. Peabody Coal Co., 537 U.S. 149
| October 8, 2002
| January 15, 2003
| Respondent
|-
| Smith v. Doe, 538 U.S. 84
| November 13, 2002
| March 5, 2003
| Petitioner
|}
U.S. Court of Appeals for the District of Columbia Circuit
left|thumb|Roberts (second row, rightmost) listens with other candidates as Bush announces their judicial nominations in May 2001.
When George W. Bush won the contested 2000 presidential election, journalists speculated about whom he might consider as possible nominees for the Supreme Court. Luttig, Wilkinson, and other Reagan officials were leading candidates, but Judge Alberto Gonzales of the Texas Supreme Court, a close supporter of Bush, also emerged and had a chance to be the first Latino nominee. Roberts, who had not worked in government while Bill Clinton was in office, did not appear on lists compiled by Bush supporters, advocacy groups, or the media, but nonetheless remained a strong candidate for a Republican nomination and was poised to be re-nominated to the D.C. Circuit, which is often a platform for Supreme Court nomination.
On May 9, 2001, Bush nominated Roberts to a seat on the U.S. Court of Appeals for the District of Columbia Circuit to replace Judge James L. Buckley, who had retired. Unlike in 1992 when his first nomination stalled in the Democratic-majority Senate, Roberts's nomination came when Republicans had secured a one-vote Senate majority. But it soon lost that majority when Senator Jim Jeffords left the party to become an independent, jeopardizing Roberts's candidacy, which stalled once again when Senate Democrats refused to hold any nomination hearings. In 2002, Republicans regained control of the Senate and Roberts finally received a hearing by the Senate Judiciary Committee.thumb|Roberts as a judge on the [[U.S. Court of Appeals for the District of Columbia Circuit ()|257x257px]]
Supported by a bipartisan letter of support signed by more than 150 members of the District of Columbia Bar—including White House counsels Lloyd Cutler, C. Boyden Gray, and Solicitor General Seth Waxman—the Judiciary Committee recommended Roberts by a vote of 16 to 3, and the Senate confirmed him unanimously by voice vote on May 8, 2003. On June 2, he received his judicial commission. Even when Roberts had not yet fully assumed his role as a circuit judge, White House Counsel officers listed him on their shortlist of Supreme Court candidates.
Roberts authored 49 opinions during his two-year service on the D.C. Circuit, many of which concerned decisions by the Federal Communications Commission and the Federal Energy Regulatory Commission. According to biographer Joan Biskupic, his opinions often employed a "characteristically crisp, clear writing style" that favored the use of imagery and idioms. Most of the disputes he reviewed concerned government regulation, union rights, and collective bargaining, but he also wrote on environmental law, criminal law, and procedural matters. One case, Hedgepeth ex rel. Hedgepeth v. Washington Metropolitan Area Transit (2004), garnered media attention when Roberts found that Washington police properly detained a 12-year-old girl who ate in violation of a zero tolerance policy against eating in a metro station. His opinions generally reflected a conservative judicial philosophy, including in areas of civil rights and executive power.
Nomination to the Supreme Court of the United States (2005)
thumb|President [[George W. Bush announces Roberts's nomination to be Chief Justice (2005).]]
By the time of the 2004 presidential election, Justice Rehnquist was terminally ill, and senior Bush administration advisors under Karl Rove began assessing potential candidates to replace him. Among them, Roberts stood out for his experience as a Supreme Court advocate, which had brought him the favorable attention of not just conservatives but also liberals such as Ruth Bader Ginsburg.
On July 19, 2005, President Bush nominated Roberts to the U.S. Supreme Court to fill a vacancy to be created by the impending retirement of Justice Sandra Day O'Connor. Roberts's nomination was the first Supreme Court nomination since Stephen Breyer's in 1994. On September 3, 2005, while Roberts's confirmation was pending before the Senate, Chief Justice William H. Rehnquist died. Two days later, Bush withdrew Roberts's nomination as O'Connor's successor and nominated Roberts to succeed Rehnquist as chief justice.
Roberts's testimony on his jurisprudence
During his confirmation hearings, Roberts said he did not have a comprehensive jurisprudential philosophy and did "not think beginning with an all-encompassing approach to constitutional interpretation is the best way to faithfully construe the document." Among the issues he discussed during the hearings were:
thumb|Roberts testifying before the Senate Judiciary Committee
Commerce Clause
In Senate hearings, Roberts said:
Federalism
Roberts said the following about federalism in a 1999 radio interview:
Reviewing Acts of Congress
At a Senate hearing, Roberts said: