How #JohnRoberts Went Full #MAGA

A revealing article in The NYT details how the #ChiefJustice put his thumb on the scale for #Trump to keep him on the #ballot & out of #jail.

by ELIE MYSTAL
#law #SCOTUS
https://www.thenation.com/article/politics/how-john-roberts-trump-maga/

How John Roberts Went Full MAGA | The Nation

A revealing article in The New York Times details how the chief justice put his thumb on the scale for Trump to keep him on the ballot and out of jail.

^{The Nation}

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

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

Another case involved a highly unusual switch. In April, the #ChiefJustice assigned Justice #Alito to write a majority opinion saying that prosecutors had gone too far in bringing obstruction charges against some Capitol *rioters* [#insurgents]. But in late May, #JohnRoberts took it over.…

During the Feb discussions of the #immunity case, the most consequential of the 3, some of the *#conservative* justices wanted to schedule it for the next term.

#law #SCOTUS #PartisanCourt #ActivistCourt

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

#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

#Alito continues to own individual #stock in >2 dozen companies — a practice that is permitted, but that #transparency advocates caution can lead to conflicts of interest that require #recusal from key cases. The justice reported owning stock in Abbott Laboratories, Boeing & ConocoPhillips, among several other companies.

Chief Justice #JohnRoberts is the only other member of #SCOTUS who owns individual stocks; most other justices invest in mutual funds.

#law #ethics

Related ICYMI:

Justice #Alito reports concert tickets, #stocks in 2023 financials

Chief Justice #JohnRoberts & Justice Samuel Alito are the only members of #SCOTUS [that we know of; #ClarenceThomas] who own individual stocks.

Alito received concert tickets valued at $900 last year from a German princess known for her #conservative #Catholic views & sold stock in a beer company targeted by anti-#LGBTQ+ activists, acc/to his financial disclosure form released Fri.

#law
https://www.washingtonpost.com/politics/2024/09/06/supreme-court-alito-financial-disclosures/

“I just think judges are not so afraid of us. I think there are plenty of judges around this country who could do a task like that in a very fair-minded & serious way” #Kagan said.

Kagan was expanding on her recent suggestion that Chief Justice #JohnRoberts appoint an outside panel of highly experienced judges to review allegations of wrongdoing or #recusal decisions by the justices, some of whom face questions over unreported gifts & conflicts of interest in key cases.

#SCOTUS #ethics #law

Justice Ketanji Brown Jackson says people "are entitled to know" what gifts judges accept
https://www.axios.com/2024/09/01/supreme-court-gifts-ketanji-brown-jackson-ethics-reform

#SCOTUS #SupremeCorruption #JohnRoberts