While all 9 justices agreed that #Trump should remain on state ballots, 4 of the conservatives were pushing to go beyond that & rule that the #Constitution’s prohibition would require congressional action. Such a decision would provide even greater protection for Trump: To prevent him from taking office if he won re-election, #Congress would have to vote to enforce the #insurrectionist ban.

#ChiefJustice #JohnRoberts #law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism

#SCOTUS’ #conservative supermajority has prevailed in many of the most consequential cases in recent years. This time, #ChiefJustice #JohnRoberts told his colleagues he wanted the decision to be unanimous & unsigned. In any politically charged case, agreement among the justices made the decision more authoritative. He even said he would consult individually w/everyone to discuss what they would accept — a rare step.

#law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #corrupt

“It’s a strange, sprawling opinion,” said William Baude, a University of Chicago #law prof & a fmr clerk to #ChiefJustice #JohnRoberts. “It’s hard to tell what exactly it is trying to do.”

Others said the ruling was untethered from the law. “It’s certainly not really tied to the #Constitution,” said Stephen R. McAllister, a law prof at University of Kansas & fmr clerk to Justice #ClarenceThomas.

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #corrupt

#ChiefJustice #JohnRoberts’s Unsigned Opinion

…In Feb, the justices heard arguments on a provocative question. The #Constitution’s #FourteenthAmendment, adopted after the Civil War, contains language barring #insurrectionists from holding office. So could #Colorado kick #Trump off the ballot in its #Republican primary, creating an obstacle for his presidential campaign?

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #extremism #MAGA #Republicans #corruption

From the start of the justices’ private discussions of the case, #TrumpvAnderson, it was clear that the court was going to say no…. Allowing states to excise candidates from ballots in a national #election was out of the question, the justices agreed. With sparse & cryptic text in the amendment, & little case #law, to guide them, they raised various ideas for the court’s ruling & rationale.

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #extremism #corruption

Now #JohnRoberts’ opinion is the key doc in a #legal drama playing out this autumn, as the judge presiding over the long-delayed trial, Tanya S. #Chutkan, parses what the court meant and how to move forward. Legal scholars say her job won’t be easy. Despite the #ChiefJustice’s reputation as a methodical craftsman, many experts, both conservative & liberal, say he produced a disjointed, tough-to-interpret opinion.

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism

#ChiefJustice #JohnRoberts’ opinion cited “enduring principles,” quoted Alexander Hamilton’s endorsement of a vigorous presidency, & asserted it would be a mistake to dwell too much on #Trump’s actions. “In a case like this one, focusing on ‘transient results’ may have profound consequences for the separation of powers & for the future of our Republic,” he wrote. “Our perspective must be more farsighted.”

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal

Though the #ChiefJustice often favors consensus, he did not take the opening. As the court split 6 to 3, #conservatives vs #liberals, Justice #Sotomayor started work on a 5-alarm dissent warning of #danger to #democracy.

In his writings on the #immunity case, #JohnRoberts seemed confident that his arguments would soar above #politics, persuade the public, & stand the test of time. [#hubris]

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #bias #corrupt

That would have deferred oral arguments until Oct & almost certainly pushed a decision until after the #election. But #ChiefJustice #JohnRoberts provided crucial support for hearing the historic case earlier, siding w/the liberals.

Then he froze them out. After he circulated his draft opinion in June, Justice Sonia #Sotomayor, the senior liberal, signaled a willingness to agree on some points in hopes of moderating the opinion….

#law #SCOTUS #PartisanCourt #ActivistCourt #illiberalism

“I think it likely that we will view the separation of powers analysis differently” from the appeals court, #ChiefJustice #JohnRoberts wrote. In other words: grant #Trump greater protection from prosecution.

In a momentous trio of #Jan6 related cases last term, the court found itself more entangled in presidential #politics than at any time since the 2000 election, even as it was contending w/its own controversies related to that day.

#law #SCOTUS #PartisanCourt #ActivistCourt #illiberalism

#ChiefJustice #JohnRoberts responded by deploying his #authority to STEER RULINGS that BENEFITED #Trump, acc/to a NYT examination that uncovered extensive new info about the court’s decision making.

[#JFC that’s it. #DisbandSCOTUS ]

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative

The #ChiefJustice tore into the appellate court opinion greenlighting #Trump’s trial, calling it inadequate & poorly reasoned. On one key point, he complained, the lower court judges “failed to grapple w/the most difficult questions altogether.” He wrote not only that #SCOTUS should take the case — which would stall the #trial — but also HOW the justices should DECIDED it.

#law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #criminal #extremism #MAGA #Republicans

The #ChiefJustice’s Feb 22 memo, jump-starting the justices’ formal discussion on whether to hear the case, offered a scathing critique of a lower-court decision & a startling preview of how the high court would later rule, acc/to several people from the court who saw the document.

#law #SCOTUS #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative

#Trump, seeking to retake the #WhiteHouse, had made a bold, last-ditch appeal to the justices. He wanted them to block his fast-approaching #criminal trial on charges of attempting to overturn the 2020 election, arguing that he was protected by presidential #immunity. Whatever move #SCOTUS made could have lasting consequences for the next #election, the scope of presidential #power & the court’s own battered reputation.

#law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism

#GiftArticle

How #Roberts Shaped #Trump’s #SCOTUS Winning Streak

Behind the scenes, the #ChiefJustice molded 3 momentous #Jan6 & #election cases that helped determine the fmr president’s fate.

Last Feb, Chief Justice #JohnRoberts sent his 8 #SupremeCourt colleagues a confidential memo that radiated frustration & certainty.

#law #PartisanCourt #ActivistCourt #ElectionInterference #illiberalism #AntiGovernment #Unlawful #extremism #MAGA #Republicans #conservative
https://www.nytimes.com/2024/09/15/us/justice-roberts-trump-supreme-court.html?unlocked_article_code=1.K04.wARn.oV9X_Fd23Prd&smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb&ngrp=mnp