General Discussion

https://www.motherjones.com/politics/2025/11/john-roberts-donald-trump-supreme-court
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Twenty years ago, John Roberts promised that as chief justice of the Supreme Court, he would be like an umpire, calling balls and strikes. His promise charmed senators and the media, who believed that his predilection for executive power and long-held antipathy for civil rights could be moderated by this commitment to faithfully apply the law. The delusion was so powerful that for two decades, the media defaulted to portraying him as a moderate institutionalist, pointing to high-profile decisions—to uphold parts of the Affordable Care Act or striking down President Donald Trump’s attempt to ask about citizenship in the 2020 census—in which he broke from conservative orthodoxy. But those decisions were always the exception. Today, as the Roberts court rewrites the Constitution in the image of Trumpian autocracy, it’s become clear that Roberts’ promise to be a neutral umpire was a lie. We are watching a rigged game, and Roberts set it up.

Trump needed Roberts to win—and Trump’s victory came just in time for Roberts.

The Roberts court has spent Trump’s second term not applying the law so much as clearing it out of his way. In a matter of months, the court’s 6–3 GOP-aligned majority has permitted a long list of lawless actions, including firing independent agency commissioners, using racial profiling in immigration sweeps, disappearing immigrants to authoritarian and war-torn nations, and defying Congress’ power of the purse. But the court’s acquiescence to an antidemocratic America didn’t start in 2025. Roberts has been embedding white-dominant authoritarianism into the country’s source code for two decades. It’s impossible to imagine today’s crisis without the Roberts court having first undermined the foundations of our democracy.

“You really can trace, in so many ways, the moment we’re in to critical decisions surrounding our law of democracy,” says Ryan Doerfler, a Harvard Law professor who studies the judiciary’s role in a democratic system.

Democracies are built on the right to vote and choose representatives. The United States finally recognized this right for all people with the Voting Rights Act of 1965. But over the last five decades, Roberts has taken aim at the law, beginning as a young lawyer in President Ronald Reagan’s Justice Department fighting its reauthorization, when he claimed it would “lead to a quota system in all areas.” He lost that skirmish when Congress overwhelmingly voted to strengthen the VRA in 1982, but he won the larger battle decades later as chief justice, helping craft a string of rulings kneecapping the law, starting with his 2013 opinion in Shelby County v. Holder. The decision overruled Congress and freed states with histories of discrimination to change their voting rules, spurring the creation of 115 voter suppression laws in more than 30 states. Many were inspired by Trump’s election lies.

In 2019, Roberts toppled another pillar of democratic governance—if you don’t like a politician, you can vote them out—by writing in Rucho v. Common Cause that federal judges could not even review claims of partisan gerrymandering, deeming them “political questions beyond the reach of the federal courts.” In the decision, Roberts pinkie-swore that courts could still block “racial discrimination in districting,” but now the Supreme Court is on the verge of making that nearly impossible. After October’s oral arguments in a Louisiana redistricting case, observers expect Roberts and the GOP justices to declare that districts drawn to preserve representation for voters of color are either unconstitutional or subject to insurmountable barriers. It’s a decision that would turn the 14th and 15th Amendments—passed under Reconstruction to give formerly enslaved people citizenship and equal rights—on their heads, and turbocharge Trump’s gerrymandering push. Such redrawn maps could shift up to 19 seats to the GOP in 2026 and “really runs the threat of just creating permanent GOP control of Congress,” Doerfler warns.

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