Skip to content
Search

Latest Stories

Top Stories

Chief Justice John Roberts and Chief Justice Roger Taney are Twins– separated by only 165 years

Chief Justice John Roberts and Chief Justice Roger Taney are Twins– separated by only 165 years
Getty Images

Stephen E. Herbits is an American businessman, former consultant to several Secretaries and Deputy Secretaries of Defense, executive vice president and corporate officer of the Seagram Company, advisor to the President's Advisory Commission on Holocaust Assets, and secretary general of the World Jewish Congress. He was the youngest person to be appointed commissioner on the Gates Commission. Herbits' career has specialized in "fixing" institutions – governmental, business, and not-for-profit – with strategic planning and management consulting.

What’s 165 years, give or take a decade? Chief Justice John Roberts apparently seeks to imitate Chief Justice Roger Taney’s Dred Scott decision and other Taney approaches to undermining America’s democracy.


Both Chief Justices led courts to premise the right to vote and participate in the electoral process on race and wealth. Every student in America learned that Taney led us to an existential war on the future of America as a nation. Roberts actions seem to indicate that today’s court will do the same and the election of 2024 may determine whether that continues.

Roberts, of course, is refusing to deal with the ethics of the Court and earning it the lowest respect for the Court in our history. Even his wife earns a substantial income from assisting in hiring attorneys for law firms with cases before the Court.

But way more important than giving his Associate Justices permission to accept funds and non-cash benefits to those with cases before the court, a close look at his decisions affecting who votes parallels Taney’s decisions. Chief Justice Taney reflected the attitudes of his home state of Maryland, at the time a segregationist state seeking to protect the wealth of White Southerners, especially those dependent on slavery.

Chief Justice Roberts’s 2010 decision permitted the rich to provide unlimited funds to Super PACs without a requirement for disclosure, i.e., “dark money.” He denied the opportunity for Americans to make their own judgments as to what interests those donations have on candidates, legislation, or presidential decision-making.

Roberts, not for the last time, based his reasoning on that there would be no collaboration between the Super PACs and specific campaigns is worse than a partisan smile. A perusal of the personnel who lead these Super PACs and their historical relationships with candidates or policies proves the fiction of this reasoning. It would be laughable if it wasn’t so important. In the 2020 election cycle, SuperPACs spent more than $2.1 billion.

Apparently lobbying isn’t enough for corporations. The $300 million spent last year by Big Pharma to stop President Biden’s successful legislation to permit Medicare to negotiate prices on drugs left the industry with the belief that campaign contribution would help.

A related fiction is the nonsense that “corporations” are people, too. Where in the Constitution are corporations mentioned? Corporations are, in fact, creations of governments who have, since their creation, regulated them. But, heaven forbid, senior executives and shareholders should have a constitutional right to have a greater impact on elections than those who work for them or buy their products or services.

Then, of course, comes Roberts’ assault on Black voters. In 1981, when President Ronald Reagan instructed the Department of Justice to support renewal of the Voting Rights Act (VRA), Roberts, then a junior attorney at the DOJ argued that “Violations of Section 2 should not be made too easy to prove, since they provide a basis for the most intrusive interference imaginable by federal courts into state and local processes.” How easily he ignores the belief that most Americans hold that we are a nation, not a confederacy.

The Voting Rights Act led by President Lyndon Johnson was passed in 1965 to end the post-Civil War disenfranchisement abuses from the same states that attempted to segregate. Those Jim Crow states created an extensive list of ways to continue blocking Black voters’ ability to vote. Roberts’ attempts to reinstate Jim Crow, although subtle and not direct, are real.

Step-by-step over the last decade, Roberts has gutted the Voting Rights Act, ignoring Congressional intent, prior precedent, and deference to the political branches, Roberts “reasoned” that “current need” no longer justified the VRA review of state voting laws. Since then, of course, many states have further restricted voting with very specific attempts designed to prevent Black and poor voters from voting. Ballotpedia and the Brennan Center have documented the increases in restrictions on voting since Roberts’ decision in Shelby.

Last year, Roberts surprised the legal community (and others who follow the decline of America) with his 5-4 decision to say that Alabama’s district designs violated Section 2 of the VRA. This “switch” came partly because of the critically important and detailed work of the Campaign Legal Center’s publication revealing Roberts‘s anti-voting pattern of decisions.

But just perhaps, Roberts noticed that last year, Arizona overwhelmingly approved Proposition 211 in an otherwise hair-breadth election for statewide offices. Is there any question that voters want fairness and transparency, even in swing states?

No one should be fooled by Roberts’ “token” decision. In Shelby (2013), Roberts wrote: “Things have changed in the South.” Believing that we were in a post-racial society, Roberts was wrong then… and his behavior since has exacerbated the problem. Perhaps the most glaring example of giving a state the right to decide who votes, not who voters want to vote for came with Roberts’ decision to set no limits on gerrymandering, a decision that blatantly violates the Constitutional mandate of one-man (now one-person), one vote. Gerrymandering leads directly (doesn’t even need to pass go) to hyper-partisanship and racism– something anyone who studies election law knows. It was not an accidental outcome.

Partisanship by the Supreme Court undermines the fundamental premise of the checks and balances created in the Constitution. There is no question that the Federal government can set standards for Federal elections. Still, Roberts, like Taney, found a way to ensure that state’s rights can supersede our nation’s collective future, divide us along regional lines, and drive us towards more violence.

Roberts promotes his image as an institutionalist. The public need not be misled. His “institutions” means Whites and the wealthy.

It may or may not be a coincidence. Still, it is interesting to note that Freedom House, which measures “democracy” worldwide annually, has clearly stated that the U.S. has become less democratic since 2008 – the year John Roberts became Chief Justice. If America is not a leader in demonstrating what is good about democracy, it loses its ability to stand as a model for other nations…and ultimately our own national security.

Sources

  1. Data for Progress reports that “58% of respondents said the court is corrupted by big-money influences, compared to 30% who disagreed with that statement. Other surveys show similar or worse results.
  2. Outside Spending by Super PAC, Open Secrets
  3. Citizens United v Federal Election Commission, 558 U.S. 310 (2010)
  4. Shelby County v. Holder (2013)
  5. Allen v Milligan (2022)
  6. The independent, not-for-profit Campaign Legal Center, led by an attorney and former Republican Chair of the Federal Elections Commission, has explained Roberts’s election decisions succinctly and precisely.
  7. Neil Howe, The Fourth Turning is Here. 2023

Read More

news app
New platforms help overcome biased news reporting
Tero Vesalainen/Getty Images

The Selective Sanctity of Death: When Empathy Depends on Skin Color

Rampant calls to avoid sharing the video of Charlie Kirk’s death have been swift and emphatic across social media. “We need to keep our souls clean,” journalists plead. “Where are social media’s content moderators?” “How did we get so desensitized?” The moral outrage is palpable; the demands for human dignity urgent and clear.

But as a Black woman who has been forced to witness the constant virality of Black death, I must ask: where was this widespread anger for George Floyd? For Philando Castile? For Daunte Wright? For Tyre Nichols?

Keep ReadingShow less
Following Jefferson: Promoting Inter-Generational Understanding Through Constitution-Making
Mount Rushmore
Photo by John Bakator on Unsplash

Following Jefferson: Promoting Inter-Generational Understanding Through Constitution-Making

No one can denounce the New York Yankee fan for boasting that her favorite ballclub has won more World Series championships than any other. At 27 titles, the Bronx Bombers claim more than twice their closest competitor.

No one can question admirers of the late, great Chick Corea, or the equally astonishing Alison Krauss, for their virtually unrivaled Grammy victories. At 27 gold statues, only Beyoncé and Quincy Jones have more in the popular categories.

Keep ReadingShow less
A close up of the Immigration and Customs Enforcement badge.

Trump’s mass deportations promise security but deliver economic pain, family separation, and chaos. Here’s why this policy is failing America.

Getty Images, Tennessee Witney

The Cruel Arithmetic of Trump’s Immigration Crackdown

As summer 2025 winds down, the Trump administration’s deportation machine is operating at full throttle—removing over one million people in six months and fulfilling a campaign promise to launch the “largest deportation operation in American history.” For supporters, this is a victory lap for law and order. For the rest of the lot, it’s a costly illusion—one that trades complexity for spectacle and security for chaos.

Let’s dispense with the fantasy first. The administration insists that mass deportations will save billions, reduce crime, and protect American jobs. But like most political magic tricks, the numbers vanish under scrutiny. The Economic Policy Institute warns that this policy could destroy millions of jobs—not just for immigrants but for U.S.-born workers in sectors like construction, elder care, and child care. That’s not just a fiscal cliff—it is fewer teachers, fewer caregivers, and fewer homes built. It is inflation with a human face. In fact, child care alone could shrink by over 15%, leaving working parents stranded and employers scrambling.

Meanwhile, the Peterson Institute projects a drop in GDP and employment, while the Penn Wharton School’s Budget Model estimates that deporting unauthorized workers over a decade would slash Social Security revenue and inflate deficits by nearly $900 billion. That’s not a typo. It’s a fiscal cliff dressed up as border security.

And then there’s food. Deporting farmworkers doesn’t just leave fields fallow—it drives up prices. Analysts predict a 10% spike in food costs, compounding inflation and squeezing families already living paycheck to paycheck. In California, where immigrant renters are disproportionately affected, eviction rates are climbing. The Urban Institute warns that deportations are deepening the housing crisis by gutting the construction workforce. So much for protecting American livelihoods.

But the real cost isn’t measured in dollars. It’s measured in broken families, empty classrooms, and quiet despair. The administration has deployed 10,000 armed service members to the border and ramped up “self-deportation” tactics—policies so harsh they force people to leave voluntarily. The result: Children skipping meals because their parents fear applying for food assistance; Cancer patients deported mid-treatment; and LGBTQ+ youth losing access to mental health care. The Human Rights Watch calls it a “crueler world for immigrants.” That’s putting it mildly.

This isn’t targeted enforcement. It’s a dragnet. Green card holders, long-term residents, and asylum seekers are swept up alongside undocumented workers. Viral videos show ICE raids at schools, hospitals, and churches. Lawsuits are piling up. And the chilling effect is real: immigrant communities are retreating from public life, afraid to report crimes or seek help. That’s not safety. That’s silence. Legal scholars warn that the administration’s tactics—raids at schools, churches, and hospitals—may violate Fourth Amendment protections and due process norms.

Even the administration’s security claims are shaky. Yes, border crossings are down—by about 60%, thanks to policies like “Remain in Mexico.” But deportation numbers haven’t met the promised scale. The Migration Policy Institute notes that monthly averages hover around 14,500, far below the millions touted. And the root causes of undocumented immigration—like visa overstays, which account for 60% of cases—remain untouched.

Crime reduction? Also murky. FBI data shows declines in some areas, but experts attribute this more to economic trends than immigration enforcement. In fact, fear in immigrant communities may be making things worse. When people won’t talk to the police, crimes go unreported. That’s not justice. That’s dysfunction.

Public opinion is catching up. In February, 59% of Americans supported mass deportations. By July, that number had cratered. Gallup reports a 25-point drop in favor of immigration cuts. The Pew Research Center finds that 75% of Democrats—and a growing number of independents—think the policy goes too far. Even Trump-friendly voices like Joe Rogan are balking, calling raids on “construction workers and gardeners” a betrayal of common sense.

On social media, the backlash is swift. Users on X (formerly Twitter) call the policy “ineffective,” “manipulative,” and “theater.” And they’re not wrong. This isn’t about solving immigration. It’s about staging a show—one where fear plays the villain and facts are the understudy.

The White House insists this is what voters wanted. But a narrow electoral win isn’t a blank check for policies that harm the economy and fray the social fabric. Alternatives exist: Targeted enforcement focused on violent offenders; visa reform to address overstays; and legal pathways to fill labor gaps. These aren’t radical ideas—they’re pragmatic ones. And they don’t require tearing families apart to work.

Trump’s deportation blitz is a mirage. It promises safety but delivers instability. It claims to protect jobs but undermines the very sectors that keep the country running. It speaks the language of law and order but acts with the recklessness of a demolition crew. Alternatives exist—and they work. Cities that focus on community policing and legal pathways report higher public safety and stronger economies. Reform doesn’t require cruelty. It requires courage.

Keep ReadingShow less
Multi-colored speech bubbles overlapping.

Stanford’s Strengthening Democracy Challenge shows a key way to reduce political violence: reveal that most Americans reject it.

Getty Images, MirageC

In the Aftermath of Assassinations, Let’s Show That Americans Overwhelmingly Disapprove of Political Violence

In the aftermath of Charlie Kirk’s assassination—and the assassination of Minnesota state legislator Melissa Hortman only three months ago—questions inevitably arise about how to reduce the likelihood of similar heinous actions.

Results from arguably the most important study focused on the U.S. context, the Strengthening Democracy Challenge run by Stanford University, point to one straightforward answer: show people that very few in the other party support political violence. This approach has been shown to reduce support for political violence.

Keep ReadingShow less