Source; SNGLR, who wants to remain anonymous
"The latest Constitutional Crisis precipitated by neo-liberals is a coin with 2 sides. Trump causes judges to overact, and judges cause Trump to overreact. Any resolution must be bilateral, not unilateral. Roberts could de-escalate the situation by promptly reversing some of these out-of-control lower court rulings. But instead, he would rather sit on his hands and pontificate. I've long said that the Chief Justice is living in a different reality than the rest of us. This episode proves it. There are 3 co-equal branches of government; the judiciary is not supreme. Chief Justice Marshall had the good sense to avoid a confrontation with Presidents Jefferson and Jackson. But Roberts apparently thinks this sort of statement will make everything better. But every time Roberts puts pen to paper to avoid some perceived catastrophe, he usually invites an even greater one down the road. This is a lesson he has not learned during his tenure."--Josh Blackman
The Court has no power to "assert" its own authority. The Court lacks the power of the sword or purse. A "rebuke" from the Supreme Court would do little to "cripple Mr. Trump's presidency and tarnish his legacy." As for the "legacy," if 2 impeachment trials, an alleged insurrection, and federal and state indictments didn't keep him out of the White House, then a few pages in the U.S. Reports will hardly leave a mark. By contrast, I think such a feeble effort to control Trump very well could "cripple" the Supreme Court. In the prior Supreme Court decision Marbury, Chief Justice Marshall had the good sense to not assert any authority against Jefferson. The Court did not order the Jefferson Administration to deliver the commission, as such an order would likely be ignored. Likewise, Marshall never ordered President Jackson to do anything. Marbury teaches the judiciary to avoid unwinnable conflicts with the President.
Put this conflict in perspective. Trump was able to roll over rino jeb bush, mrs. b.j. clinton, corrupt biden, incompetent kamala harris, and every other politician that stood in his path. Does anyone think Justice Roberts can do better? Does anyone think Roberts's press statement to respond to Trump's social media post even moved the needle? Op-eds that give the Chief some faint echoes of praise within his echo chamber will not register beyond the Capital District. Roberts's decision to punt on the USAID case will come to be a defining moment of his Chief Justiceship, and not in a good way. Roberts may not see that. Let's hope Justice Barrett will.
Supplemental Info:
https://thefederalist.com/2025/03/25/trump-isnt-defying-the-courts-hes-defending-the-constitution/?utm_source=rss&utm_medium=rss&utm_campaign=trump-isnt-defying-the-courts-hes-defending-the-constitution&utm_term=2025-03-25
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