Will John Roberts defend the scofflaw Donald Trump, who boasts of being able to shoot someone in the middle of Fifth Avenue with impunity? We shall soon find out.
Dahlia Lithwick, who writes about courts and the law for Slate Magazine, discusses the multiple lawsuits headed for the Supreme Court that will directly impact Trump’s fate, if not determine it. Federal and district courts have stymied Trump’s attempts to shield his tax returns from public scrutiny, to direct his cronies and White House staff (past and present) from testifying in the current impeachment inquiry, and to keep evidence presented to the Mueller grand jury inaccessible to the committees conducting the impeachment inquiry. Trump has appealed all these cases, and now the only place left for them to go is the Supreme Court.
Lithwick explains how the actions of the Chief Justice will affect the course and outcome of the impeachment inquiry. Roberts may agree to put the cases affecting the president on the docket this term, but the decisions would likely not come down until late spring, too late for an impeachment proceeding to use the testimony of key witnesses and critical evidence gathered by Special Counsel Robert Mueller. A delay will be of great advantage to Trump. But if Roberts decides to let the rulings of the lower courts stand, he would in effect be ruling against Trump. If the Supreme Court takes up the cases, the delay will slow down the Democrats’ momentum, adversely affecting their ability to influence public opinion, a critical factor in impeachment.
Will Roberts, now the swing vote on the Court, support Trump’s defiance of court orders and subpoenas? Will he support Trump’s assertion assertion of complete presidential immunity, not only from being indicted, but even from being investigated? With unlimited executive power, the president is personally above the law and free to countermand or defy established federal law and historical custom. The judiciary and the legislature are subservient to the imperial presidency, not co-equal as defined by the Constitution. Trump’s impeachment is about much more than the fate of his presidency. It is about the authority of the Constitution and the survival of American democracy.
At least once the Chief Justice ruled against the Republicans, when he found a way to keep Obamacare from foundering. He apparently understood that the Affordable Healthcare Act was benefitting millions, and that they would not look kindly on Republicans who would take it away just as they had begun to have the ability to obtain medical care previously denied them.
I believe John Roberts cares about his legacy and the integrity of the Court. We’ll soon know if I am right.