Roberts’s captivity is entirely fitting: He is forced to witness, with his own eyes, the mess he and his colleagues on the Supreme Court have made of the U.S. political system. As representatives of all three branches of government attend this unhappy family reunion, the living consequences of the Roberts Court’s decisions, and their corrosive effect on democracy, are plain to see.
Ten years to the day before Trump’s impeachment trial began, the Supreme Court released its Citizens United decision, plunging the country into the era of super PACs and unlimited, unregulated, secret campaign money from billionaires and foreign interests. Citizens United, and the resulting rise of the super PAC, led directly to this impeachment. The two Rudy Giuliani associates engaged in key abuses …gained access to Trump by funneling money from a Ukrainian oligarch to the president’s super PAC.
…The court’s 2013 ruling in Shelby County gutted the Voting Rights Act and spurred a new wave of voter suppression. The decision in 2014′s McCutcheon further surrendered campaign finance to the wealthiest.
…The new dominance of ideologically extreme outside groups and donors led lawmakers on both sides to give their patrons what they wanted: conflict over collaboration and purity at the cost of paralysis. The various decisions also suppress the influence of poorer and non-white Americans.
…Roberts had been warned about this sort of thing.
…Justice Stephen Breyer, in his McCutcheon dissent, warned that the new campaign finance system would be “incapable of dealing with the grave problems of democratic legitimacy.”
Now, we are in a crisis of democratic legitimacy: A president who has plainly abused his office and broken the law, a legislature too paralyzed to do anything about it — and a chief justice coming face to face with the system he broke.