The 70-year-old Chief Justice of the United States Supreme Court was appointed two decades ago by George W Bush. He is a Catholic and widely viewed as a conservative. He cast the key vote to uphold a controversial travel ban on several Muslim nations during Donald Trump’s first term as president, then helped block last year’s attempts at state level to bar Trump from the ballot over his role in the 6 January riot – thus enabling the tycoon’s return to the White House.
This elegant system rests on three equal branches of government to check power and protect citizens: a Congress to pass laws, a president to enforce them and judges to interpret them. Presidents on all sides have respected court rulings, however much they disagreed or suffered political damage. But everything is different with Trump – and suddenly judges are the latest adversaries in his sights.
Some moves are petty, such as removing the security clearance of his predecessor Joe Biden. But many have profound consequences: arresting protesters without due process; using federal funds to stifle free speech in arts or universities; and last week’s stunt to send 238 Venezuelan migrants to a brutal prison in El Salvador in defiance of a judge’s verbal order by relying on a law last used to intern Japanese prisoners in World War Two.
Congress is neutered with the defeated Democrats looking dazed and confused, while Republicans cower in fear of provoking the President’s ire – even when this destructive character who loves despots and tariffs defies their core beliefs. Much of traditional and social media, along with chunks of corporate America, has fallen into line under billionaire bosses. And the zone of public debate has been flooded with distractions and lies.
Both he and his vice-president JD Vance have ramped up their rhetoric, suggesting the President is above courts. Last week saw battle lines become clearer after the President posted on social media that a federal judge who blocked migrant deportations was “crooked” and “a radical left lunatic” who “should be IMPEACHED!!!” This led to a rare rebuke from Roberts. “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” said the Chief Justice.
Last week alone judges blocked an executive order barring transgender people from the military, the termination of $20bn green grants and the dismantling of USAID since it “likely” violated the constitution by undermining Congress.
square PATRICK COCKBURN
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Trump and other 'populists' are showing themselves to be the fascists they always were
Read MoreHis repulsive sidekick Elon Musk – whose efforts to eviscerate government face numerous legal challenges – chimed in with claims of a “judicial coup”, backing calls for lawmakers to kick out “activists in robes” and spraying cash at Republicans supporting impeachment. Then House Speaker Mike Johnson pledged to limit “abuses of activist federal judges.”
One top firm, dominated by Democrats, rapidly capitulated after becoming the focus of a Trump executive order, striking a $40m deal to end diversity policies and give pro bono services to causes backed by the president. The boss of another firm told me they might face huge claims for damages from white former staff empowered to argue they suffered discrimination.
So the stance of Roberts is crucial as the judiciary comes under a hail of fire from the hard-right. Ultimately, this conservative judge – who enabled some of Trump’s most controversial policies, helped sanction his return to power and swore him into office – might just turn out to be the man upon whom democracy in America depends.
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