Better Late Than Never
A couple of days ago Chief Justice John Roberts made an unexpected statement. It didn't get any attention on TV -- not surprising given how much news there was, though very surprising given that he is, after all, the Chief Justice of the Supreme Court, so his words are substantive. What he said was --
"I'm worried the President is stretching the rubber band of democracy in ways it simply has never been stretched before."
I am 100% certain that I am not alone in a wide range of thought instantly popping into one’s head. And all of them had the same basic theme. And pretty much all of them likely included the wish that Chief Justice Roberts was there with you at the time so that you could yell your immediate thought to him.
I took the more polite route when responding on social media. Arguably less emotionally satisfying, but potentially more effective if it turned out that the Chief Justice was on TwiXter and read my timeline.
(And yes, I know that’s dancing on the edge of improbable. But it nonetheless leaves me with a sense of hope, as opposed to teeth-gnashing, head-banging fury, so I went with the former.)
What I replied was --
“Those who cannot remember the past are condemned to repeat it.”
And I added that, hopefully, Chief Justice Roberts will remember his part in the past and remember his comment now, and when cases come up before the Supreme Court, his worry will help rectify that past so it is not repeated. Not just in shifting his vote, but also giving his role as Chief Justice an added gravitas that would help convince the two (maybe, possibly, kind of, sometimes three) semi-partly flexible conversative votes.
Mind you, I don't expect this from the Chief Justice, once it comes down to voting, rather than ruminating about how worried he is about stretchy rubber bands, since he's never shown that side of himself all that much. But, well, he did knowingly say this publicly. So...
As I’ve often said, I live in reality, but I have a vacation home in the Land of Hope.
My reaction aside, what I also thought upon reading the comment by Chief Justice Roberts when hearing it was – what on earth could have been going on in his head that lead him to say that? I’m guessing that once Supreme Court Justices have heard all the arguments, deliberated and voted, then they’ve made up their mind and locked it in and that’s their position. And it’s terribly flexible. Yes, there might be some cases where someone is open to more convincing arguments at some point. But “at some point” seems uncommon, especially those whose politics are best on protecting what they believe is good from the past. And most especially when that past often goes back 250 years.
So, how horrified must John Roberts be to say -- and say publicly -- "I'm worried the President is stretching the rubber band of democracy in ways it simply has never been stretched before."
By the way, why he couldn’t have seen that at the time, when he cast his vote to give the presidency (and in this case specifically Trump's presidency) close to a free pass to do pretty much anything he wanted that fell under the purview of presidential responsibilities without fear of ever being sued and face consequences? If I could easily see then – along with several tens of millions of other Americans – what he is seeing now, it’s almost bewildering that Roberts didn’t back then, as well.
Yet it’s nonetheless stunning to discover that Chief Justice Roberts did actually get to the point where he now, in fact, can see it. And more shockingly, say so in public.
Much as I’d have loved him to say that Trump is breaking the law and undermining the U.S. Constitution in every way imaginable, I know he can’t. Even if (hopefully) he believes that. For that matter, even if he doesn't. Any Justice has to keep the appearance of an open, unbiased mind to sit in judgement of future cases.
Here’s hoping, though, that since he was willing to say publicly what he did say, then this means he is at least thinking to himself, “Man, that Trump guy sure appears to be breaking the law and undermining the U.S. Constitution in every way imaginable, So, the next time a case comes before me that concerns him, his Justice Department lawyers had better have an incredibly great explanation, and one so great that I can’t even imagine it yet, or he is going to lose. Badly. Every single time.”
Or at least I hope that Chief Justice Roberts is thinking something like that, that touches the concept at its edges.
I don't expect it, but I do hope it. After all, they were John Roberts' own words. And public thought.
“I'm worried the President is stretching the rubber band of democracy in ways it simply has never been stretched before."
Or been meant to.
Justice is blind. It is never supposed to be fascist.
And the thing is, he should be worried.
Welcome to our world. Finally.
Here’s hoping.
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