https://amgreatness.com/2019/07/01/is-chief-justice-roberts-the-jim-comey-of-the-supreme-court/
American Conservative Union chairman Matt Schlapp last week called for Chief Justice John Roberts’ impeachment over his vote with four liberal justices to deny the Trump Administration a total victory on whether the Census could include a question on citizenship.
Schlapp, whose wife Mercedes is the Trump White House communications director, goes too far—though he may have tapped into an understandable conservative sentiment. I don’t believe Roberts is quite the Jim Comey of the Supreme Court, yet he seems to be asking for the label. Comey’s troubles surfaced when he tried both to condemn and absolve Hillary Clinton of criminal security breaches. All the while, he self-righteously claimed to cleave to a higher loyalty. But that loyalty seems to have ensnared him in an even more insidious conspiracy, which the Justice Department is now investigating.
For his part—and the comparison with Comey goes only so far—Roberts in trying to depoliticize a case ended up protecting partisanship within the government, that is to say within the bureaucracy. He had done something similar in his 2012 opinion on the Affordable Care Act—finding its mandate a constitutional tax after declaring the law unconstitutional based on the main commerce clause arguments presented. In allegedly taking politics out of his opinion Roberts also removes the Constitution. (To be fair, he also enabled Republicans to gain majorities in Congress that should have repealed the ACA, but those majorities failed to it.)
As President Trump blasted the partisan actions of various judges, the chief justice shot back, claiming there are “not Obama judges or Trump judges, Bush judges or Clinton judges.” Trump replied, “Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’ and they have a much different point of view than the people who are charged with the safety of our country.”