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How Roberts Shaped Trump’s Supreme Court Winning Streak

The New York Times [gift link]: “…But the chief justice and Justice Kavanaugh had spent formative years as White House lawyers, working to protect presidential power. At oral arguments, Justice Kavanaugh and some other conservatives worried aloud that presidents without sufficient immunity might become overly cautious or vulnerable to politically motivated prosecutions. Chief Justice Roberts, echoing his critique in the February memo, called the logic of the appeals court ruling circular. “As I read it, it says simply a former president can be prosecuted because he’s being prosecuted,” he said…When the justices met in private shortly after the arguments, the six conservatives voted in favor of Mr. Trump and greatly expanding presidential immunity. The three liberals voted against. After the chief justice circulated a draft on June 1, and Justice Sotomayor responded that she would consider a partial compromise, her invitation appeared to go nowhere. That left the chief justice with plenty of requests for changes from members of his own majority, but only one main challenger: Justice Barrett. After he filed his draft majority opinion, she seemed somewhat skeptical, saying she intended to vote with him, but could not join on three points, according to people familiar with the discussions. Inside the chief’s chambers, all four of his clerks participated in a furious rewriting effort. Later, others at the court wondered if the chief justice had taken on too much. The writing of a majority opinion requires responding to suggestions and edits from other justices, addressing any dissents, and crafting an analysis to withstand scrutiny. He had assigned himself seven majority opinions over the term, five of them blockbuster cases. Months earlier, on the ballot case, the chief justice had sought consensus. But the immunity decision, which was issued on July 1 and set off a national uproar, reflected a court cleaved sharply in two. The majority awarded sweeping immunity to Mr. Trump. The opinion did not say whether any of the crimes he had been accused of were fair game for prosecution, even though Mr. Trump’s lawyer had repeatedly conceded in oral arguments that some of the charges against his client appeared to concern purely private acts outside the role of president…”

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