On Judicial Authority and Insurrection

An investigative report in the New York Times finds that Chief Justice Roberts acted personally to steer the Supreme Court of the United States to find for former President Trump in three major cases related to the Storming of the U.S. Capitol on 6 January 2021. The Chief Justice’s actions seem motivated by a desire to protect the former president from prosecution relating to insurrection.

“In a momentous trio of Jan. 6-related cases last term, the court found itself more entangled in presidential politics than at any time since the 2000 election, even as it was contending with its own controversies related to that day. The chief justice responded by deploying his authority to steer rulings that benefited Mr. Trump, according to a New York Times examination that uncovered extensive new information about the court’s decision making.”

Chief Justice Roberts’ unusually aggressive maneuvers allowed him to accelerate the timeline for judicial consideration of the arguments and to determine the outcome of all three cases.

Details on the judicial procedure and negotiations surrounding these three cases have emerged from diverse sources. The New York Times reports: “This account draws on details from the justices’ private memos, documentation of the proceedings and interviews with court insiders, both conservative and liberal, who spoke on the condition of anonymity because deliberations are supposed to be kept secret.”

Judges, lawyers, and legal historians will undoubtedly be delving into the decisions themselves and the documents that the New York Times has unearthed.

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