Chief Justice John Roberts is under increasing scrutiny from court observers — with his legacy on the line — as he attempts to navigate a year filled with a “flood of lawsuits” filed by Donald Trump’s lawyers and opponents of the president’s policies.
According to a report from the Wall Street Journal’s Jess Bravin, there is no doubt that Roberts is a rock-solid conservative, but he has opened the door to questions about his adherence to the constitutional principles — with one retired federal judge telling the Journal, “There is a reason people are mystified: He is something of a mystery.”
Based on a hearing last week, where the nation’s highest court heard a challenge to the president’s ability to randomly announce tariffs on countries that have upset him, the report noted that the tide may have turned against the president within the 6-3 conservative court, putting Roberts on the spot.
After writing that Trump has been given “wide latitude” to do as he pleases by the court to date via emergency orders and the so-called "shadow docket," Bravin wrote, “It hadn’t fully reviewed any of Trump’s actions until last Wednesday’s hearing on Trump’s global tariffs, where the dynamics shifted: Most justices suggested the president acted beyond his legal authority. “
“If those sentiments find their way into a ruling, it would be the court’s first real blow to Trump in more than five years,” Bravin reported before cautioning, “Now it is up to Roberts to cobble together a decision on a policy that Trump has portrayed as essential to the nation.”
According to the Journal, “For most of his tenure, Roberts has been a popular leader within the judiciary, calling for raising judges’ pay, improving courthouse security and defending judicial independence. That support has begun to erode."
The report added, “No matter what path the court chooses, Roberts will need to build bridges. His ability to direct outcomes has diminished since 2020, when Justice Amy Coney Barrett’s appointment to succeed the late Ruth Bader Ginsburg gave the court’s conservative wing the power to control decisions even without Roberts’s support.”