chapter  XXXIII
XXXIII The Roberts Court
Pages 17

During his confi rmation hearings before the Senate Judiciary Committee, Chief Justice Roberts expressed concern about the growing polarization of the Court, and he assured the committee that he favored the sort of consensus adjudication that would strengthen the Court’s institutional legitimacy. He also made it clear that he favored an incremental approach to constitutional adjudication to abrupt lurches in one direction or the other. A Court that follows public opinion polls too closely can soon lose its credibility as the arbiter of constitutionality and become just a political branch of government. Even in disagreeing, the justices must preserve a sense of institutional civility or risk the loss of public confi dence that has increasingly plagued the political branches in recent years.