The president’s tweet on impeachment exacerbates a dilemma facing Chief Justice John Roberts, who took the unprecedented step of publicly admonishing Trump last year.
By Robert Barnes and Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow Josh Dawsey Josh Dawsey Reporter covering the White House Email Bio Follow April 27 at 4:11 PM The morning after the Supreme Court reviewed his administration’s most important case of the term, President Trump informed the justices he might have another task for them.
Trump speaks to Kavanaugh at the State of the Union. “President Trump views the Roberts Court as his potential, perhaps literal, ‘get out of jail free’ card,” said Elizabeth Wydra, president of the liberal Constitutional Accountability Center. She added: “The question is, what does Chief Justice Roberts do?”
Trump’s confidence in the high court seems borne of the fact that he’s nominated two of the five conservative justices that make up the court’s majority — Neil M. Gorsuch and Brett M. Kavanaugh. The president said this week he was pleased with Kavanaugh’s questioning in the census case, an adviser said.
Last week, the conservative majority seemed inclined to defer to the administration’s decision to add a citizenship question to the 2020 Census, despite predictions from census officials that it could result in an undercount of millions of people, and a finding by three federal judges that Commerce Secretary Wilbur Ross obscured the truth about how the decision came about.
Trump has referred to Supreme Court justices as Democrats and Republicans, current and former aides say, and has bragged that he thinks he may get one or two more chances to remake the court . “A lot of the states and advocacy groups that are bringing these challenges very much want the next president to have all the power the statutes confer, but they don’t want President Trump to be able to rely on that broad grant of authority.”
The Constitution leaves impeachment to the House, with a trial to be conducted by the Senate. In a 1993 opinion, the Supreme Court was unanimous in rejecting a federal judge’s plea that justices review his impeachment proceedings. The court’s opinion specifically mentioned the difficulty of judicial review in the case of a presidential impeachment.
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