On a court that appeared evenly divided on the constitutionality of a Massachusetts law banning banning abortion protestors from entering a 35-foot buffer zone around entrances to an abortion clinic, Chief Justice John Roberts exercised his right to remain silent.
The chief justice’s silence during a January 15 hearing on a First Amendment challenge to the law was duly noted in news reports on the hearing and was even included in aNew York Times headline. While it is not unusual for a justice to refrain, as Clarence Thomas usually does, from taking an active part in the oral arguments, the Roberts silence was notable for two reasons: The chief justice usually engages freely in the rigorous verbal sparring that takes place between the judges and litigants in Supreme Court hearings; and Roberts will cast a crucial vote that could decide the case in a likely 5-4 rullng. Noting that Roberts asked no questions at the hearing Times reporter Adam Liptak, added: “His earlier opinions suggest, however, that he is likely to provide the fifth vote to strike down the law.”
Chief Justice Silent in High Court Hearing on Abortion Clinic Buffer Zones
