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Since 2008 – Progress Through Politics

John Roberts

Chief Justice Roberts Intervenes to Influence FISA Reform and Seeks to Preserve His Power

The New York Times reports that the liaison of Chief Justice John Roberts, Judge John Bates, penned a letter to Senate Intelligence Committee chairwoman Dianne Feinstein:

In a letter made public on Tuesday, Judge John D. Bates urged Congress and President Obama to not alter Chief Justice John G. Roberts Jr.’s unilateral power to select which judges will sit on the court, or to create a public advocate with “independent authority to intervene at will” in the court’s cases to provide adversarial views to the Justice Department’s briefs.

Perhaps the most chilling aspect of the letter, beyond the clear desire to keep power in the hands of the chief justice, is the argument that the primary concern should be the ability of the court to function with ease rather than preserve rights and raise constitutional issues.  On the idea of a public advocate The Times notes:

Giving such an official freestanding ability to intervene at will, [Bates] wrote, even when the judges are not interested in hearing from him, could be disruptive to their work.