Chief justice reportedly took unusually active role in three recent supreme court decisions centering on Trump

John Roberts Jr used his position as the US supreme court’s chief justice to urge his colleagues to rule quickly – and in favor – of Donald Trump ahead of the decision that granted him and other presidents immunity for official acts, according to a New York Times investigation published on Sunday.

The new report provides details about what was happening behind the scenes in the country’s highest court during the three recent supreme court decisions centering on – and generally favoring – the Republican former president.

Based on leaked memos, documentation of the proceedings, and interviews with court insiders, the Times report suggests that Roberts – who was appointed to the supreme court during Republican George W Bush’s presidency – took an unusually active role in the three cases in question. And he wrote the majority opinions on all three.

196 points

“Small government!” cries the Republican party, while trying to grant the president unprecedented levels of power.

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51 points

In fairness, one single person seems like a pretty small government

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23 points

Lord Vetinari, from Terry Pratchett’s Discworld

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4 points

Yeah but arguably only works cos they’ve got a Vimes though aven’t they?

You’ve for your Vetinaris, sure, but it all only really hangs together -only works- because you’ve got your Vimes too, see. And Dibblers, probly.

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28 points

That’s always been the meaning.

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15 points

The pardon power is explicitly given to the president by the Constitution. Therefore it’s a core power with absolute immunity.

The president is also given the clear authority to direct his subordinates in the executive branch as the “chief Executive.” The SCOTUS has ruled that the president has almost unfettered power to hire/fire/order anyone in the federal government to do just about anything he wants with no restrictions.

So logically:

  1. The president can order an agency head to issue a new rule that’s probably unconstitutional.
  2. Someone sues in a district court to block it.
  3. A court issues an injunction preventing its enforcement.
  4. The agency head ignores the court order and enforces it anyway.
  5. The court finds the agency head and/or other employees of the agency in contempt for violating the injunction.
  6. The president pardons anyone subject to the injunction (and this pardon power is absolutely immune from criminal prosecution or investigation).
  7. The rule goes into effect and gets enforced despite being enjoined by a federal court.
  8. We now have a constitutional crisis because courts no longer have any way to check on the Executive because the president can simply neutralize any criminal penalties with a pardon even if that pardon is clearly issued as part of a conspiracy to violate a court order.

I guarantee this is not what the Framers envisioned or wanted, but this is what “conservative” judicial extremists on the SCOTUS have given us. Although I would be entirely unsurprised if they decided to roll this power back somehow if ever a Democratic president were to wield it.

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9 points

I would argue that this sort of logical path wouldn’t be too shocking for the founders and they would just count on civility or elections to keep this from happening. The executive pardon itself is a fairly indefensible and corruption-facilitating loophole in the justice system.

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6 points
  1. The president orders the Attorney General to enforce rules that favor his re-election. The rules are clearly unconstitutional.
  2. Someone sues in a district court to block it.

You can see where this goes. Sadly, the founders weren’t nearly as clever and cynical as they needed to be to spot these exploits.

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4 points

Though, he’s got small hands so what could he possibly do? /s

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111 points
*

Since the Roe v Wade verdict was leaked, I feel like the media has been glossing over the revelation that there’s just as much wheeling and dealing in the Supreme Court as in any of the other branches.

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6 points

It’s still just humans. Did you really expect otherwise?

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73 points

I think most people actually do.

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40 points

And they should.

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-29 points

Most people aren’t exactly geniuses.

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56 points

“We fight tyranny!” Republicans say while giving presidents immunity.

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86 points

I hate this unitary executive bullshit

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34 points

Yeah but if you unify the government into one person, you could then technically drown that person in a bathtub, q.e.d. small government. Checkmate libruls!

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6 points

Seems people have certainly been trying.

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6 points

Yeah latest guy seems like a “don’t tread on me” libertarian based purely on vibes, so that checks out

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20 points

So what you’re saying is that Roberts is the orange idiot’s little butt boy?

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