New illustrious, behind-the-scenes reporting from the New York Times reveals Roberts personally directed the court’s three historic Jan. 6, 2021 rulings, including the one granting presidents sweeping immunity from criminal prosecution for their “official acts.”
Democrats are now redoubling their efforts to make the high court a centerpiece of this year’s elections as they continue their uphill battle to pass meaningful ethics reforms to try and rein the high court in.
“Chief Justice Roberts exudes much more of an establishment aura about him, but he really has been a crucial force behind the degradation of constitutional jurisprudence on the Supreme Court,” Rep, Jamie Raskin (D-MD) — a Constitutional lawyer and law professor by trade — told Raw Story after digesting the illuminating new reporting.
According to the scoop-strewn NYT piece by Jodi Kantor and Adam Liptak, Roberts authored a Feb. 22 memo to his eight colleagues “that radiated frustration and certainty” regarding the monumental cases winding through lower courts centered on efforts to overturn the 2020 election.
While revelatory, sadly, the new reporting on the Roberts Court isn’t surprising to Raskin.
ALSO READ: The simple yet powerful way Tim Walz just exposed Donald Trump
“It's what anybody can see in reading their decisions. We know what's going on there. They're not textualists — they completely ignored the text of Section 3 of the 14th Amendment,” Raskin said. “They're not originalists — nobody even made an originalist argument about why the president of the United States should be immune from criminal prosecution for felonies he commits under the cloak of office. And, you know, they have really drifted a long way from any recognizable constitutional jurisprudence of interpretation.”
The carefully manicured image of Roberts as a moderate is now melting away. It’s left Democrats on Capitol Hill debating how to restore public confidence in a Supreme Court many in the party and the public have lost faith in.
“Very short-term thinking”
It’s more than just Chief Justice Roberts moving in the shadows to orchestrate this year’s three seemingly pro-Trump Jan. 6 rulings. Accusations of corruption are also in the air.
Coupled with the estimated $4.2 million in gifts Justice Clarence Thomas reportedly openly accepted from Republican megadonors over the years, as first reported by ProPublica, many Democrats now fear this Supreme Court has been weaponized by the far-right.
“His court's going to go down as the most corrupt in history and, honestly, the most political in history, too,” Rep. Don Beyer (D-VA) — a former U.S. ambassador to Switzerland and Liechtenstein — told Raw Story on the Capitol steps this week.
Then there’s the luxurious all-expense paid fishing trip Justice Samuel Alito accepted from billionaire Paul Singer, which he publicly defended in the op-ed pages of The Wall Street Journal.
Not to mention the politicking. There’s the upside-down American flag that proudly flew outside the Alito’s Northern Virginia home in the wake of the 2021 attack on the Capitol and the “Appeal to Heaven” flag flapping in the ocean breeze outside the Alito’s New Jersey beach house, both of which the justice blames on his wife, Martha-Ann.
As for Thomas, he refused to recuse himself from the monumental J6 cases even after his wife Ginni — and the string of conspiratorial text messages she sent to then-White House Chief of Staff Mark Meadows — was found to be central to Trump’s efforts to overturn the last presidential election.
“It might not be illegal, but it certainly should scare the hell out of every American that somebody with that kind of access and power and proximity to a Supreme Court justice can be pushing that type of nonsense," former Rep. Denver Riggleman (R-VA) — who served as a technical advisor to the select Jan. 6 committee — told Raw Story back in 2022. “The text messages validate that many elected officials believed it.”
Critics are left questioning where the high court ends and the RNC begins.
“I'm naive. I was raised to think that the justices were there to look at the Constitution and the law and work together to find the best decision for the American people. Now they're a function of the Republican Party, which the court never was before,” Don Beyer said. “Very short-term thinking. If we look at our 40-some-odd presidents, only one would it apply to.”
The five-term congressman says Supreme Court justices — especially the chief justice — need to open their eyes because, to him and an expanding chorus of critics, there’s nothing partisan about Democrat’s fears.
“There's no other Republican president I would have worried about,” Beyer said. “Not George Herbert Walker Bush or Ronald Reagan or Gerald Ford — certainly none of our Democratic presidents — but this one. It isn't like he's conferring an advantage on the next Democratic president who will do whatever he wants — no.”
The nakedly political and grossly unethical turn of the Roberts Court weighs on the 74-year-old.
“Incredibly discouraging. I've been discouraged by Justice Roberts for a long time,” Beyer said. “I know the judiciary’s independent — I don't ever want to interfere — but the fact that he could let the ethical abuses go on and on, no treatment whatsoever, which is, I mean, the greatest discouragement.”
Last year, after months of punishing press coverage, Roberts reversed himself and signed off on a new, if unenforced, Supreme Court Code of Conduct. It was unanimous.
These days, the signatures of all nine Supreme Court justices also make the document almost worthless, at least to many lawmakers across the street at the Capitol.
Citizens United v. Federal Election Commission
Throughout this session of Congress, Democrats on the Judiciary Committee in the Senate have relentlessly tried to impose mandatory and enforceable ethics rules on Supreme Court justices—basically, the same ones that apply to every other federal judge in the nation. Republicans have been united in blocking every such effort.
Senate Republicans have the back of the conservative majority on the Roberts Court, much like Roberts has advanced the agenda of congressional Republicans.
“If you go back and look at the most anti-democratic decisions of the Supreme Court — the immunity decision being one, but the little array of insurrection decisions, of which it was a part of in the threesome that's in this article — you see a lot of backstage maneuvering by the chief justice,” Sen. Sheldon Whitehouse (D-RI) told Raw Story as he walked through the basement of the Capitol. “It reminds me of the backstage maneuvering by the chief justice that brought us Citizens United.”
The former Rhode Island attorney general and U.S. attorney is the second highest ranking Democrat on the Senate Judiciary Committee where he’s been pushing the SCERT — or Supreme Court Ethics, Recusal and Transparency — Act, which would place a binding code of conduct and mandatory disclosure requirements on the justices.
Ethics reform is one thing. Unlimited corporate funding is another corrosive element of contemporary American politics altogether.
Democrats are still smarting from Citizens United and the floodgates of political spending it unleashed. The chief justice also deftly moved behind the scenes to manipulate that 2010 ruling, Whitehouse readily recalls.
“Remember, [Roberts] had to restructure the case. He changed the question presented. He set up the case so that there would be no record — actual record,” Whitehouse recalled. “He changed the standard.”
That was a bipartisan complaint in that Senate of a bygone, if recent, era. The ruling led then-Sen. John McCain (R-AZ) — who co-authored the McCain-Feingold law that Citizens United decimated — to publicly and personally call out Chief Justice Roberts.
"I am more disappointed in him than any of the other four that voted to overturn McCain-Feingold," McCain said back in 2012.
Republicans beg to differ
Roberts indeed has allies. Lots of them. Powerful ones. And they’re laughing in Democrat’s faces.
Republican Party leaders, like former Senate Whip John Cornyn (R-TX) — who’s running to replace Senate Minority Leader Mitch McConnell — basically just avoid critics and critical reporting, like the New York Times just dropped, these days.
“I think I saw the headline — that's about all,” Cornyn told Raw Story while hopping a tram under the Capitol.
Before arriving in Washington in 2002, Cornyn served on the Texas Supreme Court. He says Roberts shouldn’t even entertain what his senatorial critics have to say.
“He's got lifetime tenure,” Cornyn said through a laugh. “I wouldn't be taking advice from members of Congress on how to do my job if I was him, either.”
Just as they have with Justices Thomas and Alito — no matter the latest eye-popping revelation — today’s Republicans have united around the Chief Justice, as if they are one.
“Even without having read it, I think extremely highly of him and believe him to be a person with the utmost integrity and dedicated to the independence of the courts,” Sen. Susan Collins (R-ME) told Raw Story as she walked through the Capitol Wednesday.
Collins must not have gotten the memo from her Democratic colleagues.
The ‘court packing’ myth
Many pundits hailed Roberts for opposing the overturning of Roe v. Wade, but in the Dobbs decision, he lost out to the five Republican appointees on ‘his’ court who are seemingly even further right than he is.
Many progressives weren’t buying the righteous, caring and politically aloof version of himself Roberts portrayed back then, and they say this latest reporting shows they were right.
“That's interesting how there's sort of this story out there that Roberts was like a moderate and mediator. And the [NYT] story would suggest that’s not really necessarily the case,” Sen. Tina Smith (D-MN) told Raw Story after voting on the Senate floor this week.
While Republican rhetoric paints all elected Democrats — from the top of the party’s presidential ticket on down — as wanting to expand, or ‘pack,’ the court, only three Senate Democrats have formally endorsed a progressive measure to expand the size of the court, as Raw Story reported last month.
Smith and Massachusetts Democratic Sens. Ed Markey and Elizabeth Warren are the three who’ve publicly endorsed Markey’s measure to expand the size of the Supreme Court. That’s it.
Even with all the negative press, Smith says other Senate Democrats haven’t approached them about their measure to expand the size of the court.
“I haven't heard any,” Smith said.
That doesn’t mean her colleagues aren’t discussing the Roberts Court.
“There's a lot of conversation about the court and challenges to the court,” Smith said. “Once we get through this election and we have a better understanding of what the landscape is, we'll talk more about it.”
Or maybe they won’t.
“We're not going to get expansion”
Some Democrats have already basically, shut the door on the conversation of expanding the court. Many just don’t see it as a practical solution.
“We're not going to get expansion,” Sen. Peter Welch (D-VT) told Raw Story on his way to a vote in the Capitol Wednesday. “There's a lot of downside to expansion — we expand, they expand — and it politicizes it.”
As President Joe Biden proposed back in July, Welch and most congressional Democrats now support instituting an 18-year term limit for the nation’s justices.
“First of all, that's a very substantial term, and they're inside, so they have the benefit of protections,” Welch argued. “And then number two, every president is going to have an opportunity to appoint two members, so that means the American people get to weigh in indirectly by choosing the president. I think it would really take the extreme politics out of the court.”
As for Roberts, Welch is no fan of the jurist he’s predicting historians will frown upon.
“He’s very skillful and, unfortunately, a driving force, I think, in the radical redirection of the court,” Welch bemoaned to Raw Story. “The court has got an extreme radical majority. It's lost public respect.”
NOW READ: Inside Trump and Johnson's shocking new bid to suppress women's votes
