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n impassioned dissent to the court s 6 3 decision in the louisiana redistricting case opting to read passages of her opinion aloud from the bench for impact kagan repeated i dissent like a chant as roberts and alito whom roberts had chosen to write the opinion stared straight ahead kagan spoke of the majority s now completed demolition of the voting rights act a law born of the literal blood of union soldiers and civil rights marchers vladeck the georgetown law professor said that the two year period before barrett replaced ginsburg firmly tipping the court s balance was the high point of roberts s ability to work out compromises he will never be in more control than he was between 2018 and 2020 when he was the median on everything ironically the firmly conservative majority has watered down roberts s power this became especially clear in 2022 when roberts tried to find a middle way in dobbs v jackson women s health which overturned the constitutional right to abortion when the justices met for a final vote on whether they d take the case roberts barrett and the three liberals voted to turn it away according to reporting by adam liptak and jodi kantor of the times but the court requires only four justices to grant a case and brett kavanaugh who roberts had hoped would back his strategy of prudent avoidance wouldn t go along roberts ended up writing a concurrence arguing for a more measured course in which the court would uphold a mississippi ban on abortions after fifteen weeks and toss out the long standing rule that abortion was legal until a fetus was viable but stop short of discarding roe v wade altogether he was following he wrote a simple yet fundamental principle of judicial restraint if it is not necessary to decide more to dispose of a case then it is necessary not to decide more but the liberals were having none of it and the conservatives wanted to end abortion immediately in the aftermath of dobbs he was the proverbial man without a country luttig said during the first trump administration roberts s position as tiebreaker sometimes allowed him to adopt a professorial tone offering critical notes on the government s legal strategies in two 5 4 opinions invalidating administration actions he gave implicit advice on how the government might have pursued its aims differently in one case the administration wanted to place a citizenship question on census forms claiming that this would somehow help protect minorities voting rights opponents said that the true intent was to scare immigrants away from filling out the form and thus from being counted roberts called the government s explanation contrived suggesting that it would have found success had it been more forthright in a second case roberts rejected post hoc rationalizations that the government had given for invalidating the daca program which allows some immigrants who came to the country illegally as children to avoid deportation benjamin eidelson a professor at harvard law school told me that roberts to his credit was trying to make the administration more accountable for its controversial agenda but it s also possible that roberts had found a clever way to deflect some explosive cases if so that leverage is gone the current administration is too emboldened to engage in pretenses when the court struck down big policies in trump s first term it was because the administration had concealed or obscured from the public what was really going on eidelson explained in both the census case and the daca case the chief justice s theme was you can do this if you want but you have to own the choice and pay the political price now the administration is just saying the quiet part out loud it takes a determinedly selective eye not to see the increasingly open divisions among the justices some of them have been speaking publicly about their chagrin with the court and with one another in ways they rarely would have earlier in roberts s tenure even though that surely displeases him this is a very careful guy david leebron a friend of roberts s from their law school days at harvard told me he s a person who is not going to say anything he shouldn t say it s true that as roberts has said over the years the nine justices are bonded by the singularity of their work they are the only people in the world doing precisely what they do and they have certain rituals to maintain comity before oral arguments they shake one another s hands a tradition stretching back to the nineteenth century it s a small thing perhaps roberts said in a 2018 speech but an important reminder that we do not serve one party or one interest they eat lunch together on each argument and conference day and roberts enforces a rule that they must not talk about work instead they chat about baseball movies grandchildren if it s someone s birthday roberts brings in a bottle of wine for a toast still given the two unprecedented leaks in the past four years drafts of the dobbs opinion and of the confidential memos behind a seminal 2016 emergency docket opinion which kantor and liptak reported on recently in the times the atmosphere must sometimes be tense an awkward internal investigation of the dobbs leak reached no evident resolution justin driver a yale law professor who clerked for the former justice stephen breyer said these leaks are painful for anyone who cares about the reputation of the court driver remembered roberts gathering the clerks in a room to talk about the importance of confidentiality it wasn t a stern talking to but it was very very clear you do not talk about what is happening here on the right commentators see the leaks as part of a campaign to delegitimize the court and roberts in particular fox news s main response to the times shadow docket scoop which showed that roberts had moved aggressively to quash president barack obama s signature environmental initiative the clean power plan was to run an online op ed by the conservative legal scholar john yoo titled the left s war on the supreme court just hit a terrifying new low wermiel found this framing highly selective we don t know who leaked this material he said but even if you assume that conservative critics are right that a liberal leaning clerk was trying to undermine roberts s credibility i don t think it even comes close to trump s efforts to humiliate and denigrate the court and its justices people familiar with the court s inner workings told me that new ways of conducting business might also be fraying nerves until a decade ago the shadow docket was used only occasionally mainly for true emergency applications such as capital cases in which individuals faced imminent execution now it s the venue for all kinds of substantive statutory and even constitutional matters from immigration to election law in large part because the trump administration has made such aggressive use of it constantly filing for emergency relief to vanquish lower court rulings that impede its policies a former clerk said more of those decisions are essentially battles of memos rather than human processes where the clerks talk and then the justices talk and there are multiple drafts of opinions it s much more impersonal and it kind of crowds out any sense of compromise or engagement of mutual understanding shadow docket petitions now pour in year round including in july and august months when the justices once had little if any court business to attend to and could enjoy speaking gigs in rome or london or work on their memoirs or children s books today driver said the justices feel compelled to keep interacting with each other during the lull roberts himself probably laments this change he likes to paraphrase a quip by justice louis brandeis who said that he could do twelve months worth of court work in ten months but not in twelve we work at very close quarters on very important issues on very sensitive issues roberts said at a public appearance last year and we do need a little break from each other some justices socialize with one another over the summer he added but as for himself i m a i think i ve got the group right four seasons fan and my approach is see you in september he got the group wrong the song was recorded by both the tempos and the happenings on may 6th a week after the court announced its decision in louisiana v callais triggering immediate efforts by republicans in southern states to break up majority black voting districts roberts gave a speech in hershey pennsylvania he took the opportunity to lament how misunderstood the court is people think we re making policy decisions roberts said with evident frustration i think they view us as truly political actors which i don t think is an accurate understanding of what we do he used to deliver this refrain in cheerier cadences in 2005 when he was appointed to the court by bush he immediately became chief justice the former chief justice william rehnquist had just died of thyroid cancer during the confirmation process roberts famously invoked a baseball metaphor judges are like umpires and their job is to call balls and strikes not to pitch or bat yet does roberts truly not care who wins the games he emerged from a specific political culture with a set of conservative policy preferences that go back to his college days as chief justice he has found ways to align his legal reasoning with those policy preferences in many many cases a former clerk for another justice told me that when he was at the court he never really got roberts s talk about balls and strikes although roberts believed in decorum and was always polite he also seemed pretty ideological he has an agenda and knows how to move it forward there are exceptions most notably the 2012 obamacare ruling when roberts angered conservatives by finding a convoluted way to determine that the individual insurance mandate was constitutional but he has unquestionably helped realize many long held conservative goals and he has been far more effective at this than congressional republicans nor is the roberts court merely reflecting the people s will its jurisprudence is well to the right of the average american voter according to a recent statistical analysis it may not be necessary to classify roberts as either an ideologue or an institutionalist wermiel the former american university law professor told me i don t think there needs to be an overarching theory that explains everything about him and the court i think he has some very strong ideological views and they take precedence if he can try in a case to cool things off a bit and find consensus and thinks that s in the best interest of the institution i think he does that and he s done it well on some occasions but he certainly doesn t do that all the time in the eighties roberts spent several years in the reagan administration first as a special assistant to the attorney general william french smith and then as an associate counsel to the president during this period he seems to have crystallized his thinking on many issues that later came before him on the court the justice department was then almost a think tank within the administration generating new arguments and initiatives for downsizing government dismantling affirmative action overturning abortion rights supercharging the office of the presidency and unleashing free markets amanda hollis brusky a politics professor at pomona college has written that the reagan justice department should be described as revolutionary for the legacy it left behind in the form of ideas and more importantly personnel who were shaped by those ideas many staffers went on to federal judgeships and to influential positions in the federalist society the heritage foundation and other right leaning organizations forming what is now known as the conservative legal movement two staffers alito and roberts eventually joined the supreme court by margaret talbot new yorker read more image illustration by paul rogers source photograph by erin schaff getty posted by markk at thursday august 20 2026 labels government history law politics wednesday august 19 2026 adolph gottlieb black splash 1967 via posted by markk at wednesday august 19 2026 labels art joan miró pour paul éluard 1973 via posted by markk at wednesday august 19 2026 labels art big tech s ai spending is 3 trillion higher than it seems each quarter big tech companies disclose their massive capital expenditures on artificial intelligence infrastructure from data centers to chips but those figures don t come close to expressing the full extent of future spending to which google parent alphabet meta platforms oracle and many others have committed that is because a huge swath of their coming financial obligations aren t reflected on their balance sheets nine top tech companies had some 3 trillion of off balance sheet commitments mostly related to ai according to a wall street journal analysis of footnotes in their most recent securities filings those obligations are growing faster than traditional capex which totaled about 600 billion over the past year they reported and were about triple what the companies owe under their outstanding leases and long term borrowings america s blue chip tech companies are placing these huge bets based on assumptions about what the demand for ai computing and availability of ai hardware will be in several years their hope is that they will easily meet all their obligations with future revenue as consumers and businesses adopt ai in every facet of american life if those assumptions about technology and demand prove wrong these deals to clinch future capacity could become a monstrous burden for the tech companies and their investors meta s gigantic hyperion data center project in louisiana which is the size of about 1 700 football fields helps explain how big obligations wind up off tech companies balance sheets meta initially agreed to lease hyperion for a four year term starting in 2029 with options to renew for up to 20 years it guaranteed that it would make bondholders whole if it doesn t stay the entire two decades the company doesn t think payments under that guarantee are probable so it hasn t recorded any liability on its balance sheet in accordance with accounting rules meta s hyperion lease obligations will remain off balance sheet until it starts paying rent it said its aggregate initial lease commitment is about 12 3 billion meta disclosed 347 billion in total obligations for leases that haven t kicked in yet including for hyperion as of june across the companies the journal analyzed promises of payments under these uncommenced leases totaled 1 2 trillion in off balance sheet obligations or about four times more than what was disclosed a year earlier in addition to meta the journal reviewed commitments for alphabet amazon com microsoft oracle nvidia broadcom spacex and advanced micro devices data centers get stuffed with a lot of hardware including the nvidia chips ...