During nearly three hours of historic Supreme Court arguments, John Roberts said little. But the cagey chief justice made some points abundantly clear.
A lower court decision that Donald Trump lacks absolute immunity will not stand as written. The court cannot rely on the good faith of prosecutors. And whatever the staggering facts of the election subversion allegations against Trump, they are not his concern here. Yet, Roberts kept his cards close to his vest on the full merits of the case as other justices played theirs – for and against the former president.
Sitting at the center of the bench and with several conservative hardliners to his right, Roberts matters. In difficult, closely divided controversies, such as Thursday’s, he can hold the deciding vote. Further, when he is in the majority, Roberts has the power, as chief justice, to determine who writes the opinion. In past high-profile disputes involving Trump, Roberts has kept the pen for himself.
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