Between the impeachment trial and a series of cases about presidential power, Roberts will struggle to keep the high court out of the political muck
But his role before Congress is ambiguous at best. The Constitution says only that “the Chief Justice shall preside” before the Senate as it considers whether a president impeached by the House should be convicted and removed from office.
“My read of him is he cares about the institution and he cares about there being a belief that the institution is an independent institution and not one that’s subordinate to any particular person or president,” said Virginia Sen. Tim Kaine, the 2016 Democratic vice presidential nominee. “I think the chief justice is his own man, and he’s a good man and he’ll be very fair,” said retiring Kansas GOP Sen. Pat Roberts, who voted for Clinton’s conviction in 1999. “I think that’s the key thing. He’ll be strong.”
Connecticut Democratic Sen. Richard Blumenthal, a member of the Judiciary Committee, said he expects Roberts will be “properly deferential to his limited constitutional role” during the trial. Republican Sen. Ted Cruz, an ex-Texas solicitor general who has arguedbefore Roberts, predicted the chief justice would be “non-political, to leave political determinations to the Senate, which is elected to make those kinds of determinations.
And if all that wasn’t enough, still more drama awaits that could strain the Trump-Roberts relationship. Two more significant cases about forcing witness testimony look to be on their own direct glide paths to the Supreme Court — legal battles that raise yet more questions about the separation of powers between the White House and an inquisitive Congress.
Trump’s brash, confrontational style of politics has always seemed at odds with the chief justice’s background and his outlook on the court. Robert is fond of emphasizing the justices’ collegiality and has stressed the value of consensus rulings over 5-4 splits, sometimes irritating his more doctrinaire conservative colleagues in the process.
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