Mother Jones’ Pema Levi and Ari Berman have a scathing report on the John Roberts era on the Supreme Court:
Twenty years ago, John Roberts promised that as chief justice of the Supreme Court, he would be like an umpire, calling balls and strikes. His promise charmed senators and the media, who believed that his predilection for executive power and long-held antipathy for civil rights could be moderated by this commitment to faithfully apply the law. The delusion was so powerful that for two decades, the media defaulted to portraying him as a moderate institutionalist, pointing to high-profile decisions—to uphold parts of the Affordable Care Act or striking down President Donald Trump’s attempt to ask about citizenship in the 2020 census—in which he broke from conservative orthodoxy.
But those decisions were always the exception. Today, as the Roberts court rewrites the Constitution in the image of Trumpian autocracy, it’s become clear that Roberts’ promise to be a neutral umpire was a lie. We are watching a rigged game, and Roberts set it up.
They go over all the familiar Supreme Court atrocities we’ve seen during this second term of the Trump presidency but they have news for us. It’s been happening all along:
Roberts has been embedding white-dominant authoritarianism into the country’s source code for two decades. It’s impossible to imagine today’s crisis without the Roberts court having first undermined the foundations of our democracy.
Democracies are built on the right to vote and choose representatives. The United States finally recognized this right for all people with the Voting Rights Act of 1965. But over the last five decades, Roberts has taken aim at the law, beginning as a young lawyer in President Ronald Reagan’s Justice Department fighting its reauthorization, when he claimed it would “lead to a quota system in all areas.” He lost that skirmish when Congress overwhelmingly voted to strengthen the VRA in 1982, but he won the larger battle decades later as chief justice, helping craft a string of rulings kneecapping the law, starting with his 2013 opinion in Shelby County v. Holder. The decision overruled Congress and freed states with histories of discrimination to change their voting rules, spurring the creation of 115 voter suppression laws in more than 30 states. Many were inspired by Trump’s election lies.
In 2019, Roberts toppled another pillar of democratic governance—if you don’t like a politician, you can vote them out—by writing in Rucho v. Common Cause that federal judges could not even review claims of partisan gerrymandering, deeming them “political questions beyond the reach of the federal courts.” In the decision, Roberts pinkie-swore that courts could still block “racial discrimination in districting,” but now the Supreme Court is on the verge of making that nearly impossible. After October’s oral arguments in a Louisiana redistricting case, observers expect Roberts and the GOP justices to declare that districts drawn to preserve representation for voters of color are either unconstitutional or subject to insurmountable barriers. It’s a decision that would turn the 14th and 15th Amendments—passed under Reconstruction to give formerly enslaved people citizenship and equal rights—on their heads, and turbocharge Trump’s gerrymandering push. Such redrawn maps could shift up to 19 seats to the GOP in 2026 and “really runs the threat of just creating permanent GOP control of Congress,” Doerfler warns.
That’s not all by a long shot. There’s Citizens United and presidential immunity for starters. The outright corruption alone is astonishing. And they reveal that Roberts had been laying the ground work for many years before he even joined the Court. He’s a stealth right wing operative whose pleasant persona has masked his radicalism for decades.
They conclude:
The question lingering over this mess is how it will end. The past may be instructive. “This is the third moment in the country’s history where court reform was a mainstream political topic,” Doerfler says. In 1857, the Supreme Court held in Dred Scott that Black people could not be citizens. The decision helped spur the Civil War and was overturned by the Reconstruction amendments, which ended slavery and aimed to extend political equality to the newly freed. When President Franklin Roosevelt’s administration fought the Depression, the Supreme Court struck down his initiatives, most notably attempts to regulate industrial policy and stabilize farming, as well as a minimum wage law. Ultimately, Roosevelt’s threat to pack the court cowed the justices, who permitted New Deal legislation like Social Security and labor laws to endure.
In the 1930s, the court itself changed. The justices chose to preserve the institution, with four retiring in quick succession, allowing Roosevelt to appoint new ones. But in the postbellum era, the opposite had occurred. Attempts to guarantee equality under the law and Constitution were rolled back by a Supreme Court that, by 1896’s Plessy v. Ferguson, officially gave Jim Crow the Constitution’s blessing.
Today’s court is on the same trajectory, bent on retrenching white political dominance. But it will go further. It will greenlight Trump’s corrupt, self-enriching behavior and unlawful power grabs. The majority will instinctively know that its fate is tied to the fate of Trump’s movement, and so it will protect it. The result will be a democracy in name only.
Under the Roberts court, it won’t be enough to rewrite the rules of the game. The umpires are the problem.
Scary stuff.
If you have the time best sure to read the whole thing about Roberts’ years before he was on the court. I knew some of it but not all. We should have seen this coming.