Chief Justice Roberts steered Supreme Court rulings in Trump’s favor, report reveals

September 17, 2024 Robert Abruzzese, Courthouse Editor
Chief Justice John Roberts, who has come under scrutiny for his pivotal role in recent Supreme Court rulings that expanded presidential immunity and influenced former President Donald Trump’s legal battles, raising concerns about the court's involvement in political matters. Photo: J. Scott Applewhite/AP
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A recent New York Times report that was published on Sunday has revealed that Chief Justice John Roberts has played a significant role in shaping three crucial Supreme Court decisions that influenced former President Donald Trump’s legal fate. 

These cases, which involved the Jan. 6 Capitol attack and related issues of presidential power, showed Roberts’ behind-the-scenes efforts to steer rulings in a direction that ultimately favored Trump.

The report details a confidential memo sent by Roberts to his colleagues in February, where he sharply criticized a lower court’s decision that would have allowed Trump’s trial on charges of attempting to overturn the 2020 election. Roberts’ memo outlined a strong case for granting Trump greater protection from prosecution, suggesting that the Supreme Court take up the case, which would stall the trial.

The trial in question is related to charges against the former president for allegedly attempting to overturn the results of the 2020 presidential election. Trump argued that he was protected by presidential immunity, and the Supreme Court’s ruling effectively delayed the trial, potentially pushing it past the upcoming election.

The Times’ investigation also uncovered that Roberts authored the majority opinions in all three cases. One of these rulings allowed Trump to remain on election ballots in Colorado, while another limited the scope of charges against some Jan. 6 rioters, which could potentially affect similar charges against Trump.

In the most consequential case, the court’s ruling expanded presidential immunity, pushing off Trump’s trial until after the election. This decision drew sharp criticism, with legal scholars calling the opinion “disjointed” and difficult to interpret, raising questions about the court’s involvement in political matters.

Roberts’ active role in these cases has led to questions about the Supreme Court’s independence and the extent to which it is being drawn into political disputes. As Trump’s legal battles continue, these rulings, particularly the expansion of presidential immunity, are expected to play a pivotal role in shaping the former president’s fate.

Roberts declines to address Supreme Court ethics amid Alito flag controversy

In May, Chief Justice John Roberts declined a request from Senate Democrats to discuss Supreme Court ethics and the controversy surrounding flags flown outside Justice Samuel Alito’s homes. 

Senate Judiciary Chairman Dick Durbin and Sen. Sheldon Whitehouse had asked Roberts to meet and ensure that Alito recuse himself from cases related to the Jan. 6 Capitol attack and former President Trump’s efforts to overturn the 2020 election.

The controversy arose after reports that an inverted American flag was seen at Alito’s Virginia home shortly after the Jan. 6 attack. Another flag, an “Appeal to Heaven” banner, was flown outside Alito’s New Jersey residence last summer. Both flags were associated with the Capitol rioters who carried them during the attack. Alito stated that his wife was responsible for flying the flags, and he claimed to be unaware of their ties to the Jan. 6 events.

Roberts refused the meeting request, arguing that justices independently decide when to recuse themselves and that meeting with lawmakers from only one party would be “inadvisable.”





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