What’s behind Roberts’ stinging rebuke of Trump (opinion)
CNNEditor’s Note: Elie Honig is a CNN legal analyst and former federal and state prosecutor. Watch Honig answer readers’ questions on “CNN Newsroom with Ana Cabrera” at 5:40 p.m. CNN — With Thursday’s decisions rejecting President Donald Trump’s absolutist legal claim that he stands above the law, Chief Justice John Roberts put the finishing touch on a remarkable Supreme Court term defined by his transformation into a powerful voice of judicial independence – or, at least, unpredictability. Heading into the current term, Roberts, a Republican nominee and longtime conservative, stood as the potential swing vote, given his occasional tendency to defy expectations and join the court’s liberal justices – notably casting key votes to uphold the Affordable Care Act in 2012 and again in 2015. Indeed, Roberts, in 2018, issued a rare public statement rebuking Trump’s criticism of the judiciary and reaffirming that “We do not have Obama judges or Trump judges, Bush judges or Clinton judges … That independent judiciary is something we should all be thankful for.” This much is certain: Roberts became chief justice long before the Trump administration came to power, and he will likely hold that position well after Trump departs, whether in 2021 or 2025. But the Supreme Court – in a 5-4 decision, with Chief Justice Roberts joining the four more conservative justices – stepped in and put the district court’s ruling on hold, effectively leaving Alabama’s restrictions on absentee ballots in place while the case works its way through the courts on appeal.