Chief Justice John Roberts

Chief Justice John Roberts Has Become The “Swing Vote” On The Supreme Court Since The Retirement Of Anthony Kennedy

Chief Justice John Roberts, appointed in 2005, has become a major surprise on the Supreme Court, and is seen by many as the new, often reliable “swing vote” on the Court, enraging hard line conservatives.

He has become unpredictable after years of being seen as a solid conservative, and is evolving into the most important Chief Justice since Earl Warren retired a half century ago.

Roberts is now perceived as the new “Anthony Kennedy”, going with the liberal side of the Court about one third of the time, and staying with the conservative side two thirds of the time.

This does not please right wingers, who want a Court that is back to the Gilded Age in mentality.

Roberts saved Obama Care in 2012; and just this year backed off on conservative attempts to end abortion; to end DACA (Deferred Action on Childhood Arrivals; and backed the rights of gays and lesbians in employment, all path breaking moments.

He also prevented a citizenship question from being added to the census, and backed New York City’s strict gun control laws. And just this week, he upheld Nevada’s restriction on church attendance in the midst of the CoronaVirus Pandemic.

Roberts also was critical of President Donald Trump’s statement last year about Justices being loyal to who appointed them, when he said that there are no Bush Justices, no Obama Justices, no Clinton Justices. And of course, he presided over the Trump impeachment trial professionally, but one can see he is no fan of Donald Trump in any sense.

It seems clear that Roberts is thinking of his and the Court’s reputation and legacy, as the Court is awfully close to the point where it would seem regressive for the 21st century, were Roberts to go full right wing.

So despite strong criticism from the Right, John Roberts has been a savior on the Court at times.

Most important is that Roberts, writing for the Court majority of 7-2 on two cases has made it clear that Trump is subject to the law regarding no immunity from state criminal investigation of his taxes and also from congressional subpoenas, a stunning series of development at the beginning of July. So the President is not above the law!

Let us cheer on Chief Justice John Roberts for maintaining the reputation of the Supreme Court as NOT overly ideological, to the detriment of Americans!

Associate Justice Neil Gorsuch A Surprise On The Supreme Court

With the third term of Neil Gorsuch on the Supreme Court now complete, one must say that Gorsuch is quite a surprise in his decisions on the Court, startling many conservatives, and pleasing progressives.

It is clear that Gorsuch is, and will continue to be, unpredictable on the Court, and already, he joins Chief Justice John Roberts in siding with liberals on some cases before the Court.

He has already made observers compare him to former Justice Byron White, and even by some to former Justice David Souter.

This means that the idea that are five rigid conservatives on the Court now looks more like four liberals, three conservatives, and some of the time two “swing” Justices, mostly conservative but totally unpredictable, and therefore, not reliable all of the time for the conservative camp.

It was wonderful to see Gorsuch side with native Americans in declaring that eastern Oklahoma is native American territory, although it is not clear what that means in reality to Oklahoma’s future.

His backing of gays and lesbians having employment rights guaranteed under the Civil Rights Act of 1964, joined by Chief Justice Roberts, may be one of the most important cases in many years.

The at times unpredictability of both Gorsuch and Roberts makes following the Supreme Court much more fascinating, for sure!

The Supreme Court Might See Massive Change In Next Presidential Term

It seems likely that the Supreme Court might see massive change in the next Presidential term.

The automatic thought is that of course, the odds of Ruth Bader Ginsburg and Stephen Breyer leaving by one method or another, either death or retirement, seems likely as they are now 87 and 82 respectively.

If this happens with Joe Biden as President, the seats will remain in the liberal camp, so the news of Ginsburg again in the hospital, but supposedly recovering well, makes one’s heart skip a beat.

The thought of another Donald Trump appointment before the election is a horrible thought, but likely would happen if she were to leave the Supreme Court in the months before the election.

But beyond Ginsburg and Breyer, there are four other potential changes that could occur.

Both Clarence Thomas (age 72) and Samuel Alito (age 70) have been rumored to be thinking of leaving the Court, but no sign they would leave right now. But if they did in 2021 or after, with Joe Biden in office, these two most reliably conservative members would be likely replaced by nominees more to the left in their constitutional views.

Additionally, it is well known that Sonia Sotomayor (age 66) has a strong case of diabetes, and there is some speculation she might leave for health reasons at some point.

Finally, Chief Justice John Roberts (age 65) has had seizure issues, and could have died when he collapsed in 2007 on a deck while fishing, but fortunately did not fall into the water with no one nearby, and was instead found after the event. But he now has had a concussion, and one can wonder if it is related to his seizure issues, for which he takes medication. So it is possible to imagine him leaving the Court at some point.

So with the uncertainties of life, the six longest serving members of the Court could end up leaving the Court sometime between now and 2025. This would affect the balance of the Court on many cases that will come up in the future.

The Supreme Court Dignified Itself By Upholding The Rule Of Law Against President Donald Trump

The Supreme Court dignified itself today by upholding the rule of law against President Donald Trump.

In two cases, the Court did similar to what it did with President Richard Nixon in 1974 and President Bill Clinton in 1997.

And the two Trump Supreme Court appointees (Neil Gorsuch and Brett Kavanaugh) surprised by joining five other Justices, including Chief Justice John Roberts, in smacking Trump down, and telling he is not above the law.

So once again, Supreme Court appointees have “disappointed” the President who selected them, but in so doing, they remind us that the Court is designed to do what is proper, and quite often, although not enough, the Court surprises and pleases those who care about the law and the Constitution.

These decisions further undermine Donald Trump with less than four months to the election, which seems certain to be a massive repudiation of Trump, and lead to his prosecution on financial fraud, although much else should be the center of attention once this disgraced President leaves office!

Donald Trump Reeling From Supreme Court DACA Decision, And Fox News Poll, Showing Joe Biden Winning By 12 Points!

Donald Trump is rapidly deteriorating mentally and physically, as he sees himself losing on so many fronts.

The latest is the Supreme Court decision on DACA (Deferred Action for Childhood Arrivals), allowing those immigrants who came to America as young children, and were threatened with deportation by Trump, to remain in America, at least for the time being. Hopefully, their status will be finally resolved in 2021 by a President Joe Biden and a Democratic Congress.

Chief Justice John Roberts again proved how “unreliable” he is for conservative values, making the decision 5-4.

And now, Trump is not only declaring war on the Supreme Court, with his utterance that the Justices do not like him, but also on Fox News Channel, which just published a poll showing Joe Biden leading Donald Trump by the massive margin of 12 points nationally.

Donald Trump is suffering mightily as everything is going against him, and it could not happen to a better person!

An Inspiring Victory For Gay And Transgender Employment Rights, As John Roberts And Neil Gorsuch Come Through!

In a year which has been so depressing in so many ways, a great and inspiring event occurred today, when the Supreme Court voted 6-3 to protect gay and transgender employment rights.

Chief Justice John Roberts (appointed by George W. Bush in 2005) and Associate Justice Neil Gorsuch (appointed by Donald Trump in 2017) voted with the four Democratic appointed Justices to bring about this victory.

A major rebuttal was issued to the decision by two of the three other Justices, Samuel Alito and Brett Kavanaugh, appointed by George W. Bush and Donald Trump, respectively.

The decision shows once again how unpredictable judges and Justices can be, as to have the two Justices appointed by both Bush and Trump split on this case.

This decision is a repudiation of the anti gay stand of Donald Trump, and one wonders whether other decisions in the next two weeks will also go against Trump.

Thank goodness that, while the Supreme Court is at times disappointing in its decisions, it also can be very surprising and advanced.

A lot of it has to do with Roberts, who clearly wants to have “his” Court have a good reputation in history, and has been helpful on some cases, including upholding the Affordable Care Act in 2013, and he likely will continue to uphold that law soon, in another challenge.

And the idea that Neil Gorsuch, who gained the position that Barack Obama appointed Merrick Garland to, and was not even given the chance for a hearing and a vote on the appointment, was also in the majority on this case, is a welcome sign of a pyrrhic victory for Donald Trump, in getting Gorsuch on the Court!

The Witness And Testimony Issue Can Be Resolved If The Republicans Wish It In The Donald Trump Impeachment Trial

John Bolton, the former National Security Adviser, and other witnesses, including Mick Mulvaney at the least, need to testify in the Donald Trump Impeachment Trial, and Chief Justice John Roberts needs to step in and rule on this matter, with the help of at least three Republican Senators.

It seems as if Mitt Romney, Susan Collins, and Lisa Murkowski are ready to vote for witnesses and testimony, and also, Lamar Alexander, Pat Toomey, Rob Portman and Jerry Moran seem leaning that way.

If all of these seven support each other, or at least four, then it will occur, but if not, Roberts needs to intervene if there is a 50-50 tie in the Senate.

It may not change the final vote on conviction, requiring two thirds to remove Donald Trump, but the trial, in order not to be a sham, MUST have witnesses and testimony, and Roberts has the responsibility to intervene if necessary!

Time For Chief Justice John Roberts To Step In And Give Permission For Witnesses And Testimony In Donald Trump Impeachment Trial

The moment of reckoning is coming this week.

Chief Justice John Roberts, with his 65th birthday being celebrated today, has the opportunity to make history, and do the right thing.

The Chief Justice, with the new evidence coming out against President Donald Trump, can approve witnesses and testimony in the Impeachment Trial, including John Bolton, Mick Mulvaney, and others.

The revelation of John Bolton in his new book, revealed over the weekend, is a bombshell that requires further investigation and testimony by the former National Security Adviser.

Roberts has the authority to do so, and only a two thirds majority opposing it can stop this action.

It will make John Roberts controversial, but put him on the right side of history, which he is very conscious of.

John Roberts knows, in his heart of hearts, that Donald Trump is guilty of abuse of power and obstruction of Congress, and while he cannot make the US Senate convict and remove Donald Trump, he can influence the trial in the record of history.

In so doing, the US Senate and the Republican Party will be on trial in the court of history.

This is a turning point of history on which the reputation of Roberts will hang, so let’s hope he intervenes, appropriately, to allow an extended trial.

Will Four Or More Republicans Call For Witnesses In Donald Trump Impeachment Trial?

With the Donald Trump Impeachment Trial to begin in earnest on Tuesday, January 21, the first full day of the last year of this Presidential term of office, the question arises whether at least four Republican Senators will buck their leader, Senate Majority Leader Mitch McConnell, and call for witnesses to testify.

John Bolton, former National Security Adviser, is the key witness in mind, although there are others, including Mick Mulvaney (the Acting White House Chief of Staff), Attorney General William Barr, Secretary of State Mike Pompeo, and Vice President Mike Pence, as well as lesser figures.

If even John Bolton gets to testify, it will be a victory for Democrats, but the question is whether there are Republican Senators who want to know the truth, or are just interested in backing the President, no matter what abuses of power he has engaged in.

The best estimate is that we will find the following Senators supporting testimony:

Susan Collins of Maine

Lisa Murkowski of Alaska

Mitt Romney of Utah

Lamar Alexander of Tennessee

Rob Portman of Ohio

Cory Gardner of Colorado

If only three of the above support witnesses, it would be a 50-50 tie, and the belief is that Chief Justice John Roberts could rule in such a tie situation, and would support witnesses.

But this is such an unprecedented situation, so we are guessing at what will be the ultimate decision on this matter.

The Donald Trump Impeachment Trial Begins As House Appoints Impeachment Managers, And Hands Over The Two Articles Of Impeachment To The Senate

Finally, a month after the House of Representatives adopted two articles of impeachment against President Donald Trump, Speaker of the House Nancy Pelosi has appointed seven members of the House to be impeachment managers, and has handed over the two articles of impeachment to the Senate.

More evidence against Donald Trump has emerged, and hopefully, the Republicans in the US Senate will realize the need for new evidence to be allowed, and for witnesses to be brought before the Senate, as Chief Justice John Roberts presides, over what is now the third Presidential impeachment trial in American history.

John Roberts joins Salmon P. Chase in 1868 and William Rehnquist in 1999 in the historic stewardship over the impeachment proceedings, with the President on trial, although not in person, and with the House having impeachment managers to argue the case, and the Senate to act as a jury. All branches of the government are present in the Senate chamber as this trial commences, and lasts a few weeks, likely beyond the Iowa Caucuses on February 3 and the New Hampshire Primary on February 11.