Analysis: John Roberts remains confounded by Donald Trump as election approaches

From the moment he was confirmed in 2005, Chief Justice John Roberts made it his mission to differentiate the Supreme Court from the political branches. Yet, the court is ensnared in politics perhaps more than ever – and by the chief’s own hand.

From the moment he was confirmed in 2005, Chief Justice John Roberts made it his mission to differentiate the Supreme Court from the political branches. Yet, the court is ensnared in politics perhaps more than ever – and by the chief’s own hand. The former star appellate lawyer who allies once cast as the smartest person in the room remains confounded by the realities of Donald Trump. Roberts was shaken by the adverse public reaction to his decision affording Trump substantial immunity from criminal prosecution. His protestations that the case concerned the presidency, not Trump, held little currency. Unlike most of the justices, he made no public speeches over the summer. Colleagues and friends who saw him said he looked especially weary, as if carrying greater weight on his shoulders. On Monday, after he ascended the bench to formally open a new session, Roberts hewed to a familiar script and kept any emotion in check. This is a fraught time for America’s highest court, as divisive rulings mount and controversy persists over the justices’ lack of an enforceable ethics code. Roberts, who will turn 70 in January, faces a new slate of major cases to be heard in the coming months, including disputes over transgender rights, gun control, the death penalty and a possible return of Trump litigation. But perhaps the more significant immediate test of Roberts’ leadership will be litigation around the November 5 presidential election and the counting of votes.