Supreme Court of the United States (SCOTUS) Chief Justice John Roberts must be really proud now of the decision that he wrote for the SCOTUS supermajority granting The Donald J. Trump of the United States of America presidential immunity in Trump v. United States. Chief Justice Roberts, along with the five other Republican Justices voted to give then presidential candidate Trump presidential immunity: they threw him a lifeline to become president again! Now that Trump is serving his second term in the Oval Office and is already wreaking havoc by breaking virtually every governmental norm, and some critics even say breaking the law, these Justices must be brimming with pride over their contribution to this unprecedented phenomenon.
Prior to his first term, just like this term, Trump’s election to become The Donald J. Trump of the United States of America was fueled by those who felt like they could control him and get the best out of him while ignoring the irrational rest that is an innate part of him. America knows how that turned out; “It’s Alive”!; but Americans obviously did not learn. The “It’s Alive” link is provided as an aside for your reading pleasure, in case you might be interested. It will link you to a related article that I posted to this site on November 19, 2022. It incorporates a bit of levity but who couldn’t use a bit of that with the way that Trump’s second term as The Donald J. Trump of the United States of America is impacting on Americans now.
These SCOTUS Republican Justices are intelligent people. Yet, although they were warned by the three dissenting Democratic Justices that this was a bad decision, which one dissenting Justice said was a 5-alarm fire, the Republican supermajority was obviously comfortable with it. Will the stench from that decision – coupled with what Trump and his administration are now doing to dismantle the government and, what appears to be, destroy the American democracy impact them in a way that will cause them to correct their course? It remains to be seen. Trump is brazenly thumbing his nose at the Judicial branch of government by ignoring rulings by federal judges. And he is doing this while he, via the Department of Government Efficiency (DOGE) headed by billionaire Elon Musk, quickly and steadily dismantles America’s governmental systems and calls for the impeachment of judges who make rulings that he does not like. Will this be enough to cause the supermajority Justices to cease being, as he has called them, his judges, and publicly state the same?
As mentioned immediately above, these SCOTUS Republican Justices are intelligent people so they must know that if Trump is willing to ignore the rulings of lower court judges and attack them when they make rulings that he disagrees with that he will have no qualms about doing the same to them if they do not remain, as he sees it, in line. The question is, how will they respond, not if but, when that time comes. Because there is no way that over the remainder of his current term one or more of them will not do or say something that is out of line with what he thinks they should do or say. Will they kowtow to him and toe the line like the entire Republican congress and his cabinet are doing now or will they honor their oath of office? The fact that Trump is challenging judges and ignoring their rulings while showing no concern about the consequences of his actions should terrify every American.
Chief Justice John Roberts said that the Supreme Court at times issues controversial decisions and he can understand that some people will be angry about them. He went on to say that this has nothing to do with confidence in the Court or its credibility. What! Sometimes very smart people are so smart that there seems to be no room left for common sense. Chief Justice Roberts wrote the ruling for the supermajority that granted Trump presidential immunity; the ruling on a request for presidential immunity that many great legal minds had predicted would be quickly denied and, based on how quickly it was denied, be equivalent to being laughed out of the Court.
One would think that, coupled with Trump referring to these six SCOTUS Republican justices as “my judges”, many well-respected legal minds predicting that Trump’s request for presidential immunity did not stand a chance of being granted, the request receiving a favorable ruling along ideological lines, and the SCOTUS slow walking the decision to accept the case, all of which favored Trump, that Chief Justice Roberts would see that this, and other controversial decisions that favored Trump had everything to do with confidence in the Court and its credibility. Further, the visual of Trump shaking Chief Justice John Robert’s hand and saying “thank you, I won’t forget it,” after his speech to a joint session of congress did not help to boost Americans’ sense of confidence in the Court or reinforce their perception of the Court’s credibility.
Americans really want to believe that the SCOTUS is an honorable and fair arbiter of interpreting U.S. laws, especially since it is the final arbiter of these laws. However, under these current circumstances it is reasonable to see why many Americans might question whether it truly is. Hopefully, Chief Justice Roberts and all the other SCOTUS justices can understand this. Whether they do, of course, is important but even if they do understand it, at this point, it seems necessary for the U.S. government to figure out a way to place effective checks and balances on the SCOTUS so that if it somehow becomes corrupt, it can be reined in and held to account while the problem is addressed and fixed. Under the current administration, it is unlikely that any thought will be given to a potential situation such as this. Even if this is the case, as demoralizing as it might be, we the people must remain in the fight if we want to help assure that America will remain a democracy. Each of us can do this by way of our vote.
So always remember, whether you are a Democrat, Republican, or Independent, your vote is the most important one of all…unless you don’t use it!
Eulus Dennis – author, M2: Street Cop To Top Cop; Operation Rubik’s Cube, and Living Between The Line