Supreme Court Chief Justice John Roberts: 'The one holding the scales' in the impeachment process of President Trump

Avoid the partisan "mud"

Although it has not yet begun, a major task has been set for Chief Justice John Roberts before the Senate trial of President Trump: How to respond to the proposals and efforts of the Republicans to reduce the procedural procedures to conduct an early vote? Another challenge is that taking place in the context of the Supreme Court facing accusations of politicization and ideological polarization, Chief Justice Roberts is having to prepare options for conducting the trial to avoid raising controversies surrounding the Supreme Court's shaky neutrality as well as himself as a Republican senator.

Photo: Getty

Historically, Mr. Roberts’ predecessor, William Rehnquist, had to draw a line under the sand: the Senate is the Senate, not the Chief Justice of the Supreme Court. But in reality, it is the senators who determine whether John Roberts’s job will be easy or difficult. And that, the Senate’s rules and heavy reliance on past precedents will certainly put the presiding judge—and Chief Justice Roberts in a very uncomfortable position!

Experts say Chief Justice Roberts' authority in this impeachment trial of President Trump is very limited.

Not to mention, an impeachment trial is very different from a regular federal trial. Therefore, experts also believe that Chief Justice Roberts' authority in this impeachment trial of President Trump is very limited. In particular, the Senators will make almost all important legal decisions as well as final decisions. The Chief Justice only has the right to decide whether or not to object to the evidence. Furthermore, the majority of senators in the Senate can decide to reject the request of the Chief Justice. And that, any senator has the right to request a vote on any ruling of the head of the trial.

Chief Justice of the Supreme Court John Roberts in a re-enactment of a trial at the University of Washington. Photo: New York Times

Personal and Court Inheritance

That said, the role of Chief Justice John Roberts is unlikely to have much impact on the outcome of the upcoming Senate impeachment trial. And that this position is more of a formality than a reality. However, it is clear that this will still be a battle for the reputation of the Supreme Court between President Donald Trump and Chief Justice John Roberts. In the context of a series of recent incidents related to the question: Whether the President's power exceeds the Constitution and encroaches on the Court or not, Chief Justice Roberts seems to be having to prove to fight to keep the role and position of the Supreme Court out of the political mess in the current US political arena.

“The court does not have Obama judges, Trump judges, Bush judges or Clinton judges...”

Chief Justice of the Supreme Court John Roberts

Looking back, the personal relationship between Mr. Trump and Mr. Roberts has become difficult due to the President's statements. Mr. Trump has shown contempt for judges and courts that make decisions that he personally finds worthy of being rejected. Because of this attitude, Mr. Trump was criticized by Chief Justice Roberts last year. That was when Mr. Trump accused a federal judge in California of being an "Obama judge." Chief Justice Roberts immediately responded: "The court does not have Obama judges, Trump judges, Bush judges, or Clinton judges. What we have are dedicated judges who work hard to ensure equal rights for the public."

Chief Justice of the Supreme Court John Roberts and US President Donald Trump. Photo: Reuters

It should be recalled that, since being nominated to assume the role of Chief Justice of the Supreme Court, over the past 14 years, Mr. Roberts has made efforts to strengthen the image of the Court - Judiciary system as a completely independent political agency from the other two branches: President - Executive and Congress - Legislative.

Building on what he has shown over the years, Chief Justice Roberts’s task is to affirm and maintain the public and voters’ confidence in American democracy and the strength of the judicial system. The upcoming impeachment trial will therefore not only shape public opinion of Chief Justice Roberts personally, but will also determine people’s opinion of the Supreme Court.

Born in 1955, Mr. Roberts has a degree from Harvard Law School, worked as a lawyer at the Court of Appeals and later served as a judge. Mr. Roberts served as a clerk for his predecessor, Mr. Rehnquist, in the early 1980s before joining the Reagan administration. In 2005, he was officially nominated by former President George W. Bush to succeed Mr. William Rehnquist as Chief Justice of the Supreme Court - one of the most influential positions in the United States. In this position, Mr. Roberts has the power to reject the President's decisions if he deems them unconstitutional. More importantly, not only is he Chief Justice, Mr. Roberts is also considered by experts to be the most moderate among the 9 current US Supreme Court justices. Previously, this position belonged to Judge Anthony Kennedy, but he retired and was replaced by Judge Kavanaugh - who has quite conservative views.

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Therefore, any lack of impartiality or bias on the part of Chief Justice Roberts will be the target of criticism from various factions. Therefore, although his decision-making power is limited, it is clear that Chief Justice Roberts will still have to fulfill his role as “the judge” in the upcoming Senate trial excellently. This is not only to affirm his own prestige but also to maintain the image and unshakable role of the Court - the independent and important Judicial branch of the United States.