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In past decades, when the justices took up major tests of presidential power, they achieved unanimity. Certainly, today’s bench and all of Washington is far more polarized, but as recently as 2020, Roberts was able to broker compromises in two Trumpdocument cases.
It was understandable for outsiders, and even some justices inside, to believe that middle ground might be found on some issues in the immunity dispute and that Roberts would work against any resounding victory for Trump.
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He upended constitutional norms, enlarged the institution of the presidency and gave Trump a victory that bolstered his litigating position even beyond the case at hand, for example, in his attempt to reverse the conviction in his Manhattan “hush money” trial. A jury in Mayfound Trump guiltyof falsifying business records.
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He kept the most important cases for himself, including one thatreversed a 1984 precedent giving federal regulators considerable powerover health care, food and drug safety, the environment and consumer affairs. (As chief, Roberts makes most opinion-writing assignments; he regularly keeps important cases, but in the past has shared more and evened out assignments among the eight associate justices.)
People close to justices on the far-right told 【 - Free Top-Rated Stock Analysis 】 those justices were heartened by Roberts, after years of suspicions about his efforts at the center of the bench, most famously withhis switched vote in 2012 that upheld the Affordable Care Act.
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In Fischer,Roberts tersely related the events of January 6, 2021: “As set forth in the criminal complaint … some of the crowd eventually ‘forced entry’ into the building, ‘breaking windows,’ and ‘assaulting members of the U.S. Capitol Police.’ This breach of the Capitol caused Members of Congress to evacuate the Chambers and delayed the certification process.”
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Both efforts by the special counsel were in vain. Sources told 【 - Free Top-Rated Stock Analysis 】 that there was broad understanding among the justices that they would need to decide the matter themselves, and only after the usual appellate court hearing.
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(The number of cases decided by 6-3 votes jumped this year, according to statistics compiled by Adam Feldman and Jake Truscott ofEmpiricalSCOTUS. Of the total 22 cases decided by 6-3 votes, 11 were along the familiar conservative-liberal lines. They also found that Roberts was most frequently in the majority during the session at 96.6%.)
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In their private session on the case the next day, however, the votes on the core issue lacked any ambiguity and Roberts was ready to write with bold strokes that a former president is entitled to presumptive, if not absolute, immunity for all official acts. Further, Roberts’ construction of official acts, as opposed to private ones, was extensive.
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Investing in Automobile Sector Top Stock Investment Club ✌️【Market Analysis】✌️ Free real-time stock market data, professional analysis, and expert insights to help you plan the best investment strategy. Get ahead of the competition with expert predictions on market trends. Sources familiar with the internal debate told 【 - Free Top-Rated Stock Analysis 】 that Roberts believed that he could assert the large and lasting significance of the case and steer attention away from Trump. As he ended up writing in his opinion, “unlike the political branches and the public at large, we cannot afford to fixate exclusively, or even primarily, on present exigencies.”
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Just two years ago, Roberts separated himself from fellow conservatives as they formed a five-justice majority to overturn Roe v. Wade and constitutional abortion rights. He stood alone in that case of Dobbs v. Jackson Women’s Health Organization,failing to win a compromise with the justices on his rightwho wanted to completely gut Roe and those on his left who wanted to preserve the 1973 landmark.
“If it is not necessary to decide more to dispose of a case, then it is necessarynotto decide more,” Roberts wrote at the time.
Liberal justices turned that mantra against the chief justice in the recently completed term. They invoked it explicitly in the first Trump controversy, involving aColorado ballot-access test, to protest the expansive Roberts’ opinion favoring the former president.
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“(T)he Court gives former President Trump all the immunity he asked for and more,” Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, declared.
In aconcurring opinion, she asserted (notwithstanding signing Roberts’ opinion) that “the President’s constitutional protection from prosecution is narrow,” and tried to suggest how the case could go forward.
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Barrett, Trump’s third appointee to the high court, then outright separated herself from the majority’s view that a president’s official acts could not be put before a jury as evidence of a crime. It was a particularly extreme section of Roberts’ opinion – decided by the kind of 5-4 vote the chief justice usually tried to avoid.
Barrett, in general, may have been trying to situate herself in the middle. On several occasions throughout the annual session Barrett separated herself from her conservative brethren. Notably, she fully broke from them in the Fischer case, when the Roberts majority narrowed the reach of a federal obstruction statute that had been used against scores of January 6 defendants.
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