Ed Whelan posts John Roberts’s provocative thesis (from Roberts’s 2003 hearings) that there is a right answer in every case and that judges who work at it will find it. That is why, Roberts opined, the DC Circuit’s panel decisions are unanimous 97% of the time. They are “hard-working judges,” Roberts asserted.
Maybe. But I sure would like to be a fly on the wall of the Supreme Court conference room when someone asks Justice Roberts: “So, John, why do you think it is that we have been having so many 5-4 decisions up here?”