Chief Justice John Roberts expression was priceless after reading Sen. Elizabeth Warrens garish question during the Senate impeachment trial Thursday night, a question which lacked any remote sense of self awareness.
The inquiry facetiously read, At a time when large majorities of Americans have lost faith in government, does the fact that the Chief Justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the chief justice, the Supreme Court, and the Constitution?
The purpose of the question was stunningly obvious. It was to suggest that the only way Chief Justice John Roberts could remotely hold onto any semblance of legitimacy was to ensure the outcome favored by the Democrats came to fruition, an outcome which, given the increasingly likely failed motion, would require Chief Justice Roberts to interfere in a manner that is not explicitly written into the Constitution.
As a seasoned lawyer, she knew precisely the type of question she was asking. One that reached to a sore spot for the Supreme Court and one over which they have continued to opine. The question of how much of a role public faith in the federal judiciary should play in judicial decision-making has been a topic hotly contested. It was scrutinized heavily when it reared its ugly head in Justice OConnors opinion in Planned Parenthood v. Casey, when it appeared alongside a menagerie of other factors that may be considered in the process of determining whether to overrule precedent. It wasnt regarded as wholly dispositive, and its debatable whether it should be considered at all.
With Sen. Lisa Murkowski likely voting no on the Democrats motion to allow witnesses, theres little risk of a tie any longer, meaning Roberts is thankfully off the hook at least for now. But when it comes to Roberts role in breaking a tie, should there be one in the trial, the language of Article I, Section III of the Constitution does not make it clear whether the Chief Justice is permitted to vote. Yet, the undercurrent of Warrens question suggested that his involvement was somehow critical for the sanctity of SCOTUS reputation. Its utter nonsense, but it is perfectly on-brand for the Democrats since President Trumps election in 2016. Shes threatening to use the weight of the Democratic Party to conduct warfare on his reputation. We all know the playbook.
Warrens question points to the increasing number of ways in which the Democrats have applied unsavory pressure on the federal judiciary and in particular, SCOTUS. After President Trump was elected, they threatened to pack the courts in 2020, should a Democrat win the next presidential election. During the Kavanaugh confirmation, they politicized the entirety of the hearings, making a pure mockery of the process, producing soundbites and hand gestures that might be fit for Showtime, rather than the airwaves of C-Span.
Last August, a small consortium of Democratic senators got together to pen one of the most absurd (and frankly, malevolently accusatory) legal briefs that SCOTUS has probably ever laid eyes on. As David French of National Review wrote upon reading:
It is easily the most malicious Supreme Court brief Ive ever seen. And it comes not from an angry or unhinged private citizen, but from five Democratic members of the United States Senate. Without any foundation, they directly attack the integrity of the five Republican [Supreme Court] appointees and conclude with a threat to take political action against the Court if it doesnt rule the way they demand.
The brief implicitly accused Republican-appointed justices of caving to their Republican overlords and moneyed interests, the language fit for a wildly partisan and likely not respected NGO, as opposed to U.S. Senators. The brief ended by declaring, The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be restructured in order to reduce the influence of politics. Particularly on the urgent issue of gun control, a nation desperately needs it to heal.
The level of partisan shaming and hackery in the brief is quite simply astonishing, but given Warrens question Thursday night, it is entirely unsurprising. The Democrats have become the party of intimidation, scaring other branches into performing their will or threatening to burn down the entire institution or conduct reputational warfare on the branch itself.
Thats a nice electoral college you have there it would be a shame if something happened to it. Or thats a nice presidency you have there. It would be a shame if something happened to it. Or as French wrote, Nice nine-person Supreme Court you have there. It would be a shame if anything happened to it.
When the motion likely fails later today, it will send a strong message that the Democrats bullying tactics, paraded around as heroic, will no longer be permitted to wreak havoc on our institutions. Weve had quite enough, and its probably high time we returned to addressing the needs of the country instead of indulging a host of hysterical tactics designed to serve as Resistance fodder and moral victories for a party downtrodden by endless infighting.
Erielle is a staff writer at The Federalist and a part-time law student at Georgetown University Law Center.
Go here to read the rest:
Democrats' History Of Intimidating SCOTUS Justices Carries Over Into Impeachment - The Federalist
- Sen. Chris Murphy urges Democrats to follow Tom Suozzi and go on the offensive on the border - NBC News - February 14th, 2024 [February 14th, 2024]
- New Mexico's Democrat-led House rejects proposal for paid family and medical leave - The Seattle Times - February 14th, 2024 [February 14th, 2024]
- Democrats see 2024 blueprint in N.Y. election that centered on immigration - The Washington Post - February 14th, 2024 [February 14th, 2024]
- Democrats cheer New York win as good omen for November. But is it enough to calm anxiety over Biden? - The Associated Press - February 14th, 2024 [February 14th, 2024]
- Leaning Into Migrant Woes, Suozzi Paves Election-Year Path for Democrats - The New York Times - February 14th, 2024 [February 14th, 2024]
- New York Special Election Live Results: Tom Suozzi Wins George Santos's Seat - The New York Times - February 14th, 2024 [February 14th, 2024]
- Democrats win another special election, and 4 more takeaways from New York's House race - ABC News - February 14th, 2024 [February 14th, 2024]
- NY Special Election Winner Tom Suozzi to Fill Santos Seat - Bloomberg - February 14th, 2024 [February 14th, 2024]
- Democrat Suozzi wins special election to replace Santos in New York - NPR - February 14th, 2024 [February 14th, 2024]
- New House lines in New York would boost 2 Democrats and a Republican - POLITICO - February 14th, 2024 [February 14th, 2024]
- Democrats win back George Santos seat in hotly contested election - POLITICO - February 14th, 2024 [February 14th, 2024]
- Democrats and Republicans hold Black History Month celebrations with an eye on November's election - The Associated Press - February 14th, 2024 [February 14th, 2024]
- NY-03 Special: Four Takeaways from Suozzi and Democrats' Decisive Win - The Cook Political Report - February 14th, 2024 [February 14th, 2024]
- New York special election results: The Democrats flipped George Santos' old seat. But here's the real story. - Slate - February 14th, 2024 [February 14th, 2024]
- West Virginia bill defining gender is transphobic and 'political rubbish,' Democrats say - The Associated Press - February 14th, 2024 [February 14th, 2024]
- Biden isn't leaving the 2024 race, but how would Democrats pick a nominee if he did? - ABC News - February 14th, 2024 [February 14th, 2024]
- Proposed TikTok ban dies in Virginias Democratic-controlled House - The Hill - February 14th, 2024 [February 14th, 2024]
- Opinion | Tom Suozzi Makes the Democrats Look Good for a New York Minute - The New York Times - February 14th, 2024 [February 14th, 2024]
- Tom Suozzi buoyed by higher Democratic turnout, decline in GOP voting - Newsday - February 14th, 2024 [February 14th, 2024]
- We asked young Black voters about Biden and the Democrats. Here's what we learned - NPR - February 14th, 2024 [February 14th, 2024]
- New York Special Election: Tom Suozzi Wins House Seat Vacated by George Santos - The New York Times - February 14th, 2024 [February 14th, 2024]
- Democrat Tom Suozzi to replace republican George Santos in U.S. House of Representatives - 13newsnow.com WVEC - February 14th, 2024 [February 14th, 2024]
- Who is Tom Suozzi, Democrat in New York's special election - The Washington Post - February 14th, 2024 [February 14th, 2024]
- Democrat Tom Suozzi wins special election to fill George Santos's House seat. Here's why it matters beyond New York. - Yahoo News - February 14th, 2024 [February 14th, 2024]
- Democrat Wins Special Election for George Santos' House Seat Mother Jones - Mother Jones - February 14th, 2024 [February 14th, 2024]
- Not an Ordinary Special Election, and Yet a Typical Result - The New York Times - February 14th, 2024 [February 14th, 2024]
- Trump slams Democrat Nikki Haley on home turf ahead of South Carolina primary: Shes finished - Washington Examiner - February 14th, 2024 [February 14th, 2024]
- Senate Democrat calls GOP hostage-taking in debt ceiling deal making dangerous: This cannot be the norm - The Hill - May 30th, 2023 [May 30th, 2023]
- Scoop: Dems told to say debt ceiling bill rejects GOP's "extreme demands" - Axios - May 30th, 2023 [May 30th, 2023]
- Debt Ceiling Is First Big Test for Hakeem Jeffries, the Top House Democrat - The New York Times - May 30th, 2023 [May 30th, 2023]
- Does the debt deal have enough GOP support? This Democratic senator says he's worried. - POLITICO - May 30th, 2023 [May 30th, 2023]
- Delbert the Democrat and his friends in the liberal media - leader-call.com - May 30th, 2023 [May 30th, 2023]
- Why I believe RFK Jr. will be the 2024 Democratic nominee - The Hill - May 30th, 2023 [May 30th, 2023]
- Republican blitz on LGBTQ issues exposes fractures among Texas ... - The Texas Tribune - May 30th, 2023 [May 30th, 2023]
- Texas Passes Bills Targeting Elections in Democratic Stronghold - The New York Times - May 30th, 2023 [May 30th, 2023]
- The Rise of Religious 'Nones' Won't Save Democrats - New York Magazine - May 30th, 2023 [May 30th, 2023]
- Democrats trade insults over bill at committee meeting - Spectrum News NY1 - May 30th, 2023 [May 30th, 2023]
- Kentucky Democrat Who Lost Bid to Unseat McConnell Fined $10K ... - Heritage.org - May 30th, 2023 [May 30th, 2023]
- Mississippi Democrats improperly excluded candidate for governor ... - The Associated Press - May 30th, 2023 [May 30th, 2023]
- Asian voters in the U.S. tend to be Democratic, but Vietnamese ... - Pew Research Center - May 30th, 2023 [May 30th, 2023]
- Gilbert, Mesa lawmakers unimpressed with Democrat's reason for ... - Daily Independent - May 30th, 2023 [May 30th, 2023]
- Former Republican and Democratic Governors from Alabama ... - Death Penalty Information Center - May 30th, 2023 [May 30th, 2023]
- 3 Tennessee Democrats face removal from office in Thursday vote after gun control protest on state House floor - CNN - April 6th, 2023 [April 6th, 2023]
- Democrat or Republican: The Official Differences | Merriam-Webster - March 31st, 2023 [March 31st, 2023]
- Truck driver who upset top N.J. Democrat in 2021 faces GOP primary challenge in big election year - NJ.com - March 31st, 2023 [March 31st, 2023]
- A top Democrats radical plan to deal with Trumps worst judge and protect abortion rights - Vox.com - February 20th, 2023 [February 20th, 2023]
- About the Democratic Party - Democrats - February 7th, 2023 [February 7th, 2023]
- Democratic Party (United States) - Simple English Wikipedia, the free ... - February 2nd, 2023 [February 2nd, 2023]
- Democrat NYC Mayor Adams calls on federal government to play more proactive role to secure border - Fox News - January 17th, 2023 [January 17th, 2023]
- Democratic Rep. Jamie Raskin announces he has 'serious but curable form of cancer' - CNN - December 28th, 2022 [December 28th, 2022]
- Sen. Sinema's switch to Independent will not impact Democrats' control of the chamber, representatives say - CNBC - December 12th, 2022 [December 12th, 2022]
- 'People are fed up': As NC Democrats reflect on election missteps, a party shake-up is underway - WRAL News - December 12th, 2022 [December 12th, 2022]
- What is a Democrat? (with pictures) - Historical Index - November 23rd, 2022 [November 23rd, 2022]
- This is the late message some Democrats believe could make a difference in close elections - CNN - November 1st, 2022 [November 1st, 2022]
- Dylan Roberts in his words: The Democrat running for a seat in Senate District 8 promises to focus on living affordability, the environment and rural... - October 25th, 2022 [October 25th, 2022]
- POLITICO Playbook: Where Democrats can find some good news - POLITICO - POLITICO - October 21st, 2022 [October 21st, 2022]
- Kill the babies to curb inflation? Democrats are the real abortion extremists - Washington Examiner - October 21st, 2022 [October 21st, 2022]
- The vote to subpoena Trump shows Democrats have found their fighting spirit - The Guardian US - October 15th, 2022 [October 15th, 2022]
- Cameron Smith: Is the worst Republican better than the best Democrat? - AL.com - October 15th, 2022 [October 15th, 2022]
- Inflation report is bad news for Democrats - The Hill - October 15th, 2022 [October 15th, 2022]
- Democrats try to break through on drug pricing message - The Hill - October 15th, 2022 [October 15th, 2022]
- Meet the Black Republican whos aiming to flip a Democratic held House seat in heavily blue Connecticut - Yahoo News - October 15th, 2022 [October 15th, 2022]
- Democrats Worry They're Being Overshadowed in Arizona's Governor Race - Yahoo News - October 15th, 2022 [October 15th, 2022]
- Democrats suggest shifting weapons from Saudi Arabia to Ukraine - The Guardian US - October 15th, 2022 [October 15th, 2022]
- WATCH: Voters react to Nancy Pelosi claiming Democrats will win midterm elections without Trump on the ballot - Fox News - October 15th, 2022 [October 15th, 2022]
- Former presidential candidate Tulsi Gabbard says she is leaving the Democratic Party - NPR - October 13th, 2022 [October 13th, 2022]
- Oregon could elect a non-Democrat governor for the first time in 40 years - Statesman Journal - October 13th, 2022 [October 13th, 2022]
- 'The Great Realignment': Democrats Leave Party in Droves, and What It Could Mean for GOP in November - CBN.com - October 13th, 2022 [October 13th, 2022]
- Texas Democrat uses edited photo of GOP opponent in campaign ad that makes her appear more aggressive - Washington Examiner - October 13th, 2022 [October 13th, 2022]
- This Democrat Living On Nearly $400,000 Is Frustrated By Inflation - Washington Free Beacon - October 13th, 2022 [October 13th, 2022]
- Why Kansass Democratic Governor Isnt Talking About Abortion But Her GOP Opponent Is - FiveThirtyEight - October 13th, 2022 [October 13th, 2022]
- Can Democrats Win 52 Senate Seats And Kill The Filibuster? - FiveThirtyEight - October 13th, 2022 [October 13th, 2022]
- Ricky Jones: Black men are not the problem for Stacey Abrams and Democrats - Courier Journal - October 13th, 2022 [October 13th, 2022]
- How Democrats are trying to counter a wave of GOP attacks on crime - POLITICO - September 20th, 2022 [September 20th, 2022]
- Why Democrats' midterm optimism could be misguided - The Hill - September 20th, 2022 [September 20th, 2022]
- Will The Polls Overestimate Democrats Again? - FiveThirtyEight - September 20th, 2022 [September 20th, 2022]
- Lauren Boebert's Democratic opponent forgot he was previously registered as a Democrat - Washington Examiner - September 20th, 2022 [September 20th, 2022]
- Democrats' No. 1 fall goal: Try not to 'poke the bear' - POLITICO - September 20th, 2022 [September 20th, 2022]
- Is This When Democrats Finally Learn How to Message? - The New Republic - September 20th, 2022 [September 20th, 2022]
- Meet the Democrat on a Six-Figure Income Who Cant Afford To Buy Her Kids Shoes - Washington Free Beacon - September 20th, 2022 [September 20th, 2022]