Random US Citizen
3 hours ago edited
He’s not “going to lose” the narrative, he’s already lost it. He lost it back when he manipulated the outcome of the Obamacare case by ignoring the plain wording of the statute and decided the the word “penalty”—those seven literal letters—meant “tax.” Everything he’s done after that has just proved that he is a politician, not a judge. The damage he has done to the reputation of the judiciary through his blatant political maneuvering is incalculable. It’s rather ironic that insiders claim he is doing this to protect the court from a reputation for being political. But the Supreme Court has gone from one of the most trusted institutions in the country to one that is at a historic low of trust.

John Roberts has no one to blame for this but himself. His constant refusal to decide constitutional matters before the court in favor of remanding them over minor issues is part of the problem. His willingness to join the conservatives on the bench in important decisions merely so he can write tepid opinions is another. His need to make choices based on political calculations is a third. But most damaging is his unwillingness to admit the reality that lower court judges are making decisions based on their personal politics and take action. His claim that “There are no ‘Obama judges’” in the face of this reality was proof that he’s not serious about his job as a justice.

Either that, or someone is holding his kids hostage.

jester6 Random US Citizen
8 minutes ago
As I wrote in another thread, SCOTUS's power to declare actions of the Executive and Legislative branches unconstitutional is not found in the text of the Constitution. That power comes from a 1803 court decision called Marbury vs Madison. SCOTUS granted themselves that power, and the other branches aqueised.

However, for most of our history, it was only SCOTUS who challenged the Executive or Legislative branch openly. Over the last 40 years the Circuits began to do it. And now, since 2016, the District courts are playing at the game. These judges are operating on the idea that power of the judiciary iis sacrosanct; infact the judiciary is the weakest branch if government in our system. It has no real power over the other branches if they decide to ignore it.

Thanks to the actions of these district judges, the entire judiciary is now part of our political process. Sooner or later, the traditional political branches are going to start treating the judiciary as political players. The judiciary has very little power to withstand that onslaught.

Not only can Trump simply ignore the judiciary, Congress can wipe out all courts but SCOTUS with a simple majority vote, and there is nothing the judiciary can do. Congress can also simply remove jurisdiction on certain matters from the courts with a majority vote.

If Trump decided to ignore the courts tomorrow, their only hope would be for Congress to impeach Trump... and the judiciary has made enemies of so many people in Congress, there is zero chance the Senate would vote two-thirds to remove Trump from office. The bottom line is Roberts has let these district judges put the entire judiciary into a precarious position.

These judges are like a 50 year old man reffing a football game who decides he wants to play running back... they've picked up the ball but they have not considered what it will feel like when a 300 pound 25 year old linebacker takes them down. They are foolishly assuming the protections that went with their role as ref will continue when they play the game. If they don't reverse course, they will find out that is a bad assumption. //

1776-2023RIP
3 hours ago
It is Roberts job to rein in these out of control judges.
Like everything else, he’s failing at this. He pontificates that “for over 200 years…blah, blah”.
But he doesn’t acknowledge that no president has ever faced this level of litigation. This is Judicial tyranny. Nothing less.
The Judicial Branch ( headed by the Supreme Court ) is a coequal ( not superior) branch of government.
The Executive Branch ( The President) is a coequal ( not inferior) branch of government.
Sometimes they are in conflict. It would then be up to the other Co-equal branch ( the Legislature) to resolve the conflict. That is our system under the constitution.
Reminder the Supreme Court has gotten many, many things wrong over the years. The “Dred Scott decision “ being a notable one. Abraham Lincoln famously ignored this ruling. He was right to do so.
Just because a court ( even the SC) says it so, doesn’t mean it has to be so. Otherwise, a rogue supreme court could simply rule that every action a president took is unconstitutional. Effectively neutering the President, and arrogating Executive Powers to themselves. This is judicial tyranny and Justice Roberts should put an end to it. Before Trump does. //

Mike Rogers
2 hours ago edited
Roberts gets ONE chance. Either the court takes one of these challenges to article 2 and rules in favor of the constitution or Trump can remind the nation that the judiciary cannot control the presidency and plow on with the people’s agenda.
There is a big difference between contract law and the (unfortunately) painful procedures for firing civil servants, and ruling on policy which is outside the purview of ANY judge.

During Trump 1.0 Roberts was concerned about maintaining the legitimacy and relevance of the Supreme Court, but Trump 2.0 can destroy both if he does not guide the court to adhere closely to the constitution. //

anon-jzmf
3 hours ago
Justice Roberts wants courts and judges to be seen as neutral arbiters sitting on a serene plane high above the excesses of politics. But John, if you want your fantasy to come true, your courts and judges have to actually sit above politics, and many judges do not. If a significant number of judges decide to become activists, making their venues "political courts," then the political branches will inevitably respond to the politicization of those courts. Get ready, Johnny, because it's coming and coming hard. //

Jeff Bartlett
2 hours ago
You miss the point. Trump is whining about impossible impeachments when he should be doing this:

1. Sue EOs in pro-Trump courts: Trump wins, uses as cover to proceed while
   rulings conflict.
2. Use Lincoln precedent: remove judges for violating Article 3, Section 1, Clause 1.
3. Charge judges with treason: acting w/o jurisdiction (US v Will, Cohens v Virginia). //