The Supreme Court will hear a case challenging Donald Trump’s eligibility to appear on Colorado’s ballot, raising questions about Chief Justice John Roberts’ legacy and the court’s ability to navigate political thicket.
The case involves Trump’s potential violation of the 14th Amendment’s “insurrection ban” and his claim for absolute immunity in a criminal election interference case.
“It would be much better if it was unanimous and it didn’t look like a partisan decision,” University of Chicago Law School professor Tom Ginsburg said. “The challenge for Roberts is to take a jurisprudential route that will get nine votes.”
Roberts, known for seeking middle-ground positions, faces the challenge of preserving public faith in the court amid record-low approval ratings.
“It’s going to be difficult to separate whatever the court does in this case from the identity of its current presiding officer,” University of Texas law professor Steve Vladeck said. “And the question becomes just how much Chief Justice Roberts will be able to lead the court to a result that will enhance, rather than further undermine, public confidence.”
“How will you be judged by history? How will you be judged by the people tomorrow? These are unknowables,” attorney Stuart Gerson said.
“My opinion is that we need to stand up for the rule of law,” he said. “If there are consequences, we need to face them.”
The outcome could significantly impact the court’s reputation and Roberts’ legacy.
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