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The Legacy of the Roberts Court

8 1
23.04.2025

Chief Justice John Roberts is very concerned about his legacy, but he should already know what it is. He and his court will go down in history as increasingly unconstitutional as they emplace double standards on due process and free speech, lawfare, interference with Article II, and political campaign financing, to name a few. The wobbly court has gone so far off the rails that one of the two constitutionalists left, Samuel Alito, wrote of the last goofy ruling: “The Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order,”

Let’s take a few examples.

Due Process and Free Speech

In June 2024, the Roberts Court stepped in on the January 6 matter to say prosecutors improperly charged some J6 defendants. But this was four years after American citizens, mostly charged with misdemeanors, had been held in the worst of prisons. Not once did the Supreme Court even send a memo to the sentencing Washington judges to support the rights of the J6 prisoners. Conversely, in this period of massive illegal immigration, the court quickly put a temporary restraining order on Trump’s deportation of illegal and lethal gang members, claiming their right to free speech and due process has been violated.

In fact, though, the Roberts Court does not have the authority to dictate the specific measures the president takes to protect national security. SCOTUS can interpret laws and resolve legal disputes, but it cannot control security measures.

This decision comes on the heels of Roberts’ comments on the lower judiciary. District Judge James Boasberg........

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