Supreme Court's Role in Politics During the Trump Era

Supreme Court's Controversial Decisions in the Trump Era

Does John Roberts live in the same world as the rest of us? One has to wonder, given how frequently the Supreme Court's chief justice seems removed from the social and political realities of the country. As revealed by my Times colleagues Jodi Kantor and Adam Liptak, Roberts orchestrated multiple high-profile rulings last term that benefited Donald Trump, acting as if the American people would not interpret them as political.

Roberts' Naïve Perspectives on Judicial Decisions

In drafting the majority opinion for the Jan. 6 presidential immunity case, Roberts seemed confident that his arguments would soar above politics, as Kantor and Liptak noted. However, this attitude proved dangerously naïve, as Justice Sonia Sotomayor tried to warn him. Sotomayor did not see how the court could reverse a federal appeals court ruling without appearing to aid Trump.

Repercussions of Political Favoritism

Both conservatives and liberals viewed it as a significant victory for Trump. Together with other rulings in Trump's favor regarding Jan. 6, the Supreme Court’s public approval is at its all-time low. The court is on thin ice when involving itself in presidential politics, especially when justices align ideologically with certain political figures.

Efforts to Rebuild Legitimacy

Roberts seems aware of the court's fragile legitimacy. After a report regarding a pro-Trump flag outside Justice Alito's home, he took charge of writing an opinion in a case related to Jan. 6 rioters, indicating an attempt to counteract perceived bias. Still, masking the radical partisanship doesn’t deceive the public.

Moving Forward with Integrity

If Roberts seeks to restore public confidence in the court, he must acknowledge the political realities beyond One First Street. In an increasingly polarized world, it is impossible to issue pivotal rulings regarding Trump without considering the broader implications.