Supreme Roberts and his Judicial Crisis

The Temporary Restraining Orders put in place to stop Trump’s agenda are piling up in case anyone has not noticed. We are well into a crisis. Whether we like it or not, Roberts over at the Supreme is the man we apparently need to count on to lead us out of the wilderness. Good luck with that.

There is an interesting piece over at Town Hall. The author is good enough to take a wack at trying to figure out this man. Here we go:

Town Hall:        Kurt Schlichter  The Agony of John Roberts.

If he had the capacity to lead that he so manifestly lacks, John Roberts could save his institution with decisive and bold action. But that’s not who he is. Understand what John Roberts wants. He is an institutionalist who has always wanted to protect the judiciary branch. He wants it to be a fully co-equal branch that is respected by all. But the very actions he has chosen to take – or not to take – in response to the current crisis of out-of-control subordinate courts are guaranteeing that it will fall. 

Judge Roberts’s problem is that he wants to return to something like regular order in the judiciary. What we have is highly irregular order. You non-lawyers need to understand that all these temporary restraining orders and injunctions and so forth are insane. This is not how law is done, either procedurally or substantively. I did litigation for 30 years, including in federal courts (up to arguing in front of the Ninth Circuit), and never saw anything remotely like these antics. So, realize that this is abnormal. 

Abnormal times call for abnormal responses, but that’s not how John Roberts or his ilk work. Remember, he’s a Bushie, the kind of soft Republican who sees his job less as fixing our broken government than managing its gentlemanly decline. We’ve largely booted them out of elective office, but Roberts has his seat for life. His advocation is protecting his institution. He wants the judiciary to be held in respect and obeyed, but he doesn’t want to do the hard, stern work of disciplining his underlings that makes that possible.

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John Roberts wants the normal appellate procedures to apply. He’s hoping that if he shuts his eyes and pretends that everything is normal, he’ll open them and it will all be normal again. This was the main takeaway from his unbelievably tone-deaf response to Trump’s, Musk’s, and others’ frustration-driven talk about impeachment. Now, Roberts was right in theory about what he said, but what we’re facing is not theory but practice. 

Well worth the full ride. Read more.

There was zero need for Roberts to weigh in on it. There are not even close to 67 votes to impeach a judge.

This is getting dicey. The best of the swamp.