The Atlanta Journal-Constitution

Roberts will tap his inner umpire in impeachmen­t

All eyes will be on chief justice as he presides over trial of Trump.

- By Mark Sherman

WASHINGTON — America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmati­on hearing that judges should be like baseball umpires, impartiall­y calling balls and strikes. Roberts will strive to be like that umpire when he presides over President Donald Trump’s impeachmen­t trial. He’ll Robertshav­e the chance to demonstrat­e by example what he has preached relentless­ly in recent years: Judges are not politician­s.

“He’s going to look the part, he’s going to play the part and he’s the last person who wants the part,” said Carter Phillips, who has argued 88 Supreme Court cases, 43 of them in front of Roberts.

How he’s presided over the Supreme Court

Republican appointees hold a 5-4 conservati­ve majority on the Supreme Court. Roberts has a solidly conservati­ve voting record on the court, with a couple of notable exceptions that include sustaining President Barack Obama’s health care law.

Still, Roberts is closest to the court’s ideologica­l center, and in the best position to decide how far the court will move, right or left, in any divisive case — and divisive cases are on the way.

Before the end of June, the justices are expected to decide cases involving guns, abortion, subpoenas for Trump financial records, workplace protection­s for LGBT people and the fate of an Obama-era program that shields young immigrants from deportatio­n. It’s possible the court will be asked to hear yet another case on the health care law before the term ends.

How he’ll likely preside in the Senate

In the Senate, though, the chief justice’s powers are limited because any ruling he makes can be overridden by a majority vote.

He is not likely to put himself in the position of inviting reversal, said Paul M.Collins Jr., a political scientist and director of legal studies at the University of Massachuse­tts, Amherst.

“Any controvers­ial rulings in support of either party will threaten the viewpoint that the court should be above politics. Democrats would perceive any ruling for Republican­s as partisan, and if he ruled against the president, Republican­s would allege he is holding a grudge,” Collins said. The Senate’s impeachmen­t rules allow Roberts to put questions to a Senate vote, without first ruling himself.

The mechanics of the trial are not yet clear, though he can look to his predecesso­r, Chief Justice William Rehnquist, for precedence.

Roberts — as was the case with Rehnquist — has virtually no experience running a trial, as opposed to the appellate proceeding­s at the Supreme Court. “I would be shocked if he suddenly becomes a very rigid jurist with respect to technical evidentiar­y rules,” Phillips said.

During the Senate impeachmen­t trial of President Bill Clinton in 1999, Rehnquist had his top aide at the court, James Duff, and at least one law clerk on hand. He regularly consulted with the Senate parliament­arian before announcing rulings.

Two years after the trial, Rehnquist borrowed a line from a Gilbert and Sullivan operetta in describing his role in that Senate trial: “I did nothing in particular and I did it very well.”

 ?? ALEX WONG / GETTY IMAGES ?? The impartiali­ty of Chief Justice John Roberts will no doubt be under close scrutiny from Democrats and Republican­s alike as he presides over the Senate impeachmen­t trial of President Donald Trump.
ALEX WONG / GETTY IMAGES The impartiali­ty of Chief Justice John Roberts will no doubt be under close scrutiny from Democrats and Republican­s alike as he presides over the Senate impeachmen­t trial of President Donald Trump.

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