Roberts struggles to keep Supreme Court out of ethics fight

Published

2 years ago

May 3, 2023

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Chief Justice John Roberts has long aimed to stay above the political fray, but his goal is being put to the test as Democrats vow to intervene in the Supreme Court’s recent ethics controversies.

Roberts’s refusal to appear before the Senate Judiciary Committee on Tuesday left Democrats pulling no punches as they asserted that the justices cannot be trusted to police their own ethics.

Republicans, meanwhile, portrayed the push as an attempt to smear Justice Clarence Thomas and the court’s other conservatives.

Even as the prospect of ethics legislation remains shaky in the divided Congress, the debacle has left Roberts, 68, grappling with how to remain neutral amid the partisan warfare and cratering public confidence in the high court.

Roberts’s absence came with little surprise. He has strived to insulate the court’s image from partisan politics since becoming chief justice in 2005, and Tuesday’s hearing consisted of outraged Democrats, on camera, delving into ProPublica’s investigation into luxury trips Thomas accepted from billionaire and GOP megadonor Harlan Crow.

The chief justice had cited separation of powers concerns in declining Senate Judiciary Committee Chairman Dick Durbin’s (D-Ill.) invitation, calling it an “exceedingly rare” offer.

“I’m more troubled by the suggestion that testifying to this Committee would somehow infringe on the separation of powers or threaten judicial independence,” Durbin said on Tuesday. “In fact, answering legitimate questions from the people’s elected representatives is one of the checks and balances that helps preserve the separation of powers.”

It follows a pattern of the decorum-conscious Roberts attempting to stay out of the partisan fighting on Capitol Hill. Even on ordinary topics, like the court’s budget, Roberts has left it to his colleagues to testify.

“One thing we have to do every year is get money from Congress, just like every other federal entity. And so we send a couple of justices to Congress, explain what we need, and they get it. Now, I knew that there are people on the court who are better at that than I am, so they go. I don’t go,” Roberts told Rensselaer Polytechnic Institute students in 2017.

After the 2010 State of the Union Address, when then-President Obama denounced the Supreme Court’s Citizens United v. FEC ruling on campaign finance with the justices sitting feet away, the mild-mannered Roberts issued an unusual critique.

Speaking to law students weeks later, Roberts questioned why the justices participate in what he said had “degenerated into a political pep rally.” Roberts has attended every address since, while Justice Samuel Alito, who mouthed the words “not true” in an infamous moment after Obama’s snipe, never returned.

“Some people I think have an obligation to criticize what we do, given their office, if they think we’ve done something wrong, so I have no problems with that,” Roberts told the students.

“On the other hand, as you said, there is the issue of the setting, the circumstances and the decorum,” he continued. “The image of having the members of one branch of government standing up literally surrounding the Supreme Court cheering and hollering — while the court, according to the requirements of protocol, has to sit there expressionless — I think is very troubling.”

Years later, Roberts was back in the Capitol at the center of a bitter political battle: presiding over the impeachment trial of then-President Trump.

He emerged unscathed and earned bipartisan praise, but not without some testy moments. As the prospect rose of an even split on the crucial issue of whether to allow witnesses, Roberts announced he would not step in to break a tie.

“I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed,” Roberts told senators.

Roberts has since avoided potentially going through the wringer on Capitol Hill. He declined to preside over Trump’s second impeachment trial, and on Tuesday, he dodged appearing before outraged Democrats. But that didn’t stop them from lambasting Roberts and the high court.

“What Chief Justice Roberts has done in refusing to come before this committee is judicial malpractice. It is a disservice to the courts,” said Sen. Richard Blumenthal (D-Conn.).

Roberts did not return a request for comment through a spokesperson.

Republicans spent much of the hearing condemning what they view as a double standard, portraying the effort as an attempt to derail the conservative-majority court.

They condemned Senate Majority Leader Chuck Schumer’s (D-N.Y.) warning last year that two conservative justices would “pay the price” if they voted against abortion rights, protests outside conservative justices’ homes and the financial dealings of the court’s liberals.

“We’re going to push back as hard as we can and tell the American people the truth about what’s going on. This is not about making the court better. This is about destroying a conservative court. It will not work,” said Sen. Lindsey Graham (R-S.C.), the committee’s ranking member.

Sen. John Kennedy (R-La.) had this take: “Today’s hearing is an excuse to slay more mud at an institution.”

One Republican senator, Lisa Murkowski (Alaska), has joined Democrats’ calls, but the odds for passing any ethics legislation remain slim in the GOP-controlled House.

“It’s very difficult to do anything in a divided Senate, especially when the committee of jurisdiction is equally divided. I think Roberts is using that to his advantage and just taking the easy way out, because he knows there’s no real way to compel anything beyond that,” Gabe Roth, executive director of judicial watchdog group Fix the Court, said in an interview ahead of the hearing.

It wouldn’t be Democrats’ first failed attempt. Roughly a decade ago, Roberts rebuffed their calls to formally adopt the code of conduct in place for lower federal judges. He said the justices leverage it as a starting point, characterizing criticisms that the court is exempt from ethical principles “misconceptions.” Trump will not testify at E. Jean Carroll civil trial Hundreds of Democrats urge appeals court to reverse abortion pill ruling

Roberts added, “In particular, Congress has directed Justices and judges to comply with both financial reporting requirements and limitations on the receipt of gifts and outside earned income. The Court has never addressed whether Congress may impose those requirements on the Supreme Court.”

As the chief justice strives for an insular approach, he faces more than just angry lawmakers. Public confidence has declined sharply in the court, spurred by the court’s recent decision to overturn Roe v. Wade.

An NPR/PBS NewsHour/Marist poll last month recorded that only 37 percent of Americans have a great deal or quite a lot of confidence in the court, the lowest measure recorded since the pollster began asking the question in 2018.

Business

Former Bank of England governor Mark Carney named prime minister of Canada – succeeding Justin Trudeau

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2 hours ago

March 10, 2025

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Former Bank of England governor Mark Carney named prime minister of Canada - succeeding Justin Trudeau

Former Bank of England governor Mark Carney has been named Canadian prime minister after winning the Liberal Party leadership in a landslide victory.

Mr Carney, who also used to head up Canada’s central bank, had emerged as the frontrunner as his country was hit with tariffs imposed by President Trump.

He ended up winning 85.9% of the vote.

During his victory speech, he told the crowd: “Donald Trump, as we know, has put unjustified tariffs on what we build, on what we sell and how we make a living.

“He’s attacking Canadian families, workers and businesses and we cannot let him succeed and we won’t.”

Mr Carney said Canada would keep retaliatory tariffs until “the Americans show us respect”.

Mr Trump’s tariffs against Canada and his talk of making the country America’s 51st state have infuriated Canadians.

The American national anthem has been repeatedly booed at NHL and NBA games.

“Think about it. If they succeeded, they would destroy our way of life… America is a melting pot. Canada is a mosaic,” Mr Carney added.

“America is not Canada. Canada will never ever be part of America in any way, shape or form.”

An easy pick for his party – but now he must win over Canada

Diana Magnay

International correspondent

@DiMagnaySky

Mark Carney had no problem convincing the Liberal Party he was the best man for the job. 85.9% of the vote speaks for itself. Now he must convince the country.

After unparalleled experience as central bank governor, both of Canada and of the UK, albeit at different times, he has the economic wherewithal to fortify the economy against the battering Donald Trump seems intent on dealing it.

He has made it very clear he is ready for the fight to come. “In trade, as in hockey, we will win!” he told his fellow liberals to wild applause. “We’re strongest when we are united,” he told the country on X.

His conservative rivals had what seemed like an unbeatable lead in the polls until just a few short weeks ago, but Trump’s trade tariffs have rallied Canadians behind the flag and their government.

That gives Mr Carney momentum ahead of a general election that will likely come sooner rather than later. Now he must exercise the political genius to capitalise on that.

The 59-year-old will replace Justin Trudeau, who has served as prime minister since 2015.

Mr Trudeau announced he was stepping down in January after facing calls to quit from a chorus of his own MPs.

The 53-year-old’s popularity had declined as food and house prices rose. He will stay in post until Mr Carney is sworn in.

Mr Carney will soon have to decide when to call a general election – a vote must take place on or before 20 October.

In 2013, he became the first non-UK citizen to run the Bank of England since it was founded in 1694.

His appointment came after Canada recovered from the 2008 financial crisis faster than many other countries.

During leadership debates, Mr Carney argued he was the only person prepared to handle Trump.

“I know how to manage crises,” he said.

“In a situation like this, you need experience in terms of crisis management, you need negotiating skills.”

The surge in Canadian nationalism has bolstered the Liberal Party’s chances in a parliamentary election.

World

How Donald Trump has upended millions of lives in his first 50 days in office

Published

2 hours ago

March 10, 2025

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How Donald Trump has upended millions of lives in his first 50 days in office

In just 50 days, Donald Trump has upended our world. He has ripped up rules, attacked allies and sided with enemies.

A country we thought for decades had our backs is no longer a reliable partner.

We travelled thousands of miles to ask what that means for our lives and millions of others – from the sweltering backstreets of Africa to the frozen wastes of Greenland and Finland’s tense border with Russia.

Donald Trump‘s supporters at home and abroad see him as the disruptor-in-chief who will bring peace and prosperity, putting America first.

But to many others we found he threatens chaos and a far darker future.

While Mr Trump may be challenging convention and bringing fresh thinking, his critics say he is moving too fast and erratically. His first 50 days in office, they claim, have weakened America’s place in the world and that will be exploited by rivals.

Risk of resurgent epidemics in Kenya

We went first to Kenya. The focus in the West may have been on Mr Trump and Russia but in the developing world, it’s the end of US aid that is grabbing the headlines.

On the frontlines of Africa’s war on HIV we heard Mr Trump’s actions being compared to an act of “biological warfare”.

Even among allies and admirers of the American president, there is deep unease and fear about what could come next, most of all the risk of resurgent epidemics of diseases like HIV, TB, malaria, ebola, and polio.

In one of Kenya’s poorest neighbourhoods in Nairobi, we joined health workers on their rounds, down sewage-filled alleyways into cramped, overcrowded buildings.

In a one-room home, we met a young mother who is dependent on American aid. Anne is HIV positive and needs daily medication and nutritional support for both herself and her one-year-old son. She is terrified for their future because of the cut in US aid.

“I’m so worried,” she told us, “because if it carries on like this the medication could run out. When the medicine is not there, the protector of my body is not there, so anything can just pass through me.”

‘We had no warning’

Kenya received $850m (£658m) in aid a year and that has now been abruptly severed. A US Supreme Court decision against the Trump administration may restore some of that but there is complete uncertainty about what happens next.

Martha, a healthcare manager in Nairobi, spelled out what is at stake: “We had no warning. We could not prepare the households. It was so sudden.

“We expect more death. We expect more children to die before the age of five. We expect more death for children living with HIV and it is going to be bad,” Martha said, adding that more than 20,000 children who use her organisation’s services will be affected.

90% of all US aid contracts cut

The Trump administration says the aid has been only been suspended for 90 days pending a review. But in reality, many key programmes appear to have been shut down completely.

After a 45-minute flight west of Nairobi to Kisumu, we saw what is happening away from big cities. The impact seemed just as severe.

At one provincial hospital US Agency for International Development (USAID) signs were everywhere but on doors that are now shut. It had been a hub for patients to receive their treatment but that’s now in doubt.

Staff told us there were just two months of supplies left for some medication, and less than a month for others, because there have been no more deliveries.

Patients were stockpiling drugs, said doctors, panicking for the future.

‘Biological warfare’

The US-supplied ammunition for Africa’s war against HIV, malaria, TB and other diseases is running out. It has taken decades and billions to bring them under control. The fear is of a return to epidemics not seen for years.

Eric Okioma is HIV positive and runs a charity helping others with the disease in Kisumu.

“When you look at it from a public health aspect, that’s biological warfare that’s the way I’m seeing it because from a human rights perspective, he did the wrong thing – he should not have taken it abruptly.”

Mr Trump is popular among many in Kenya. His conservative stance on issues like gender and sexuality resonates in this predominantly Christian country.

But even among admirers and supporters there is deep unease about his aid cut.

Peter Gunday, a father and churchgoer, told us he agreed Kenya should be less dependent on US aid and encouraged to provide for itself – but Mr Trump’s action had been too sudden.

“He wants to make America great again… [but give an] olive branch to us even if it is only for some time.”

The aid cut threatens lives and America’s standing in the world. The US has used aid to wield soft power and influence.

America in retreat

Its superpower rival China prefers building. They have lent billions for massive infrastructure projects like the new railway from Nairobi to the coast through the heart of the city’s safari park.

For Beijing it’s all leverage, applied ruthlessly to increase access to Africa’s abundant natural resources.

Under Trump, America is unilaterally deserting that battle for power and influence. Its values and interests will inevitably suffer. Not so much America first but America in retreat.

Finland prepares for Russian aggression

Closer to home, it is America’s shift on security causing the greatest concern. We flew thousands of miles north to one of NATO‘s newest member countries that sits on a border with Russia.

What did people in Finland make of what Mr Trump is doing to the Western alliance they have only just joined?

We filmed with Finland‘s military on the border with Russia that was closed because of the war in Ukraine.

In sparsely populated woods, locals report sightings of Russian drones, we were told. And there has been a surge in recruits to the border guard because of the international situation.

One of them, Aku Jaeske, told us he had joined up “for the defence of our own country”.

He said: “I think most of us, I think, are here because of that. It’s really hard if we have a 1,300 and something kilometre border with Russia – it’s pretty long – we have to have good men there.”

‘Bring it on’, says one Finn

What did he make of Mr Trump and what he saw on the news?

“I think it’s crazy when you turn your TV on today, you can’t know what is really happening.”

The war with Ukraine and Russia’s belligerence has sparked a boom in shooting, with hundreds of new ranges opening up in Finland to meet demand.

In a range outside Helsinki, one shooting enthusiast Jerkri told us what he thought was behind its growing popularity.

“The situation in Ukraine and people are noticing that maybe [they are] having to take care of themselves… think about it.”

Amateur shooters go through their paces, crisscrossing an open range at speed firing at targets dotted around the room. Patrick said he was worried by the direction of events.

“But if it did come to it… bring it on,” he said.

In a service station, Finland’s most popular tabloid had the headline, “Trump’s 10 gifts to Putin.”

Finns were once a byword for peace-loving neutrality. They are arming up now, and watching Mr Trump’s overtures to the Kremlin warily.

Finland after all is where Mr Trump stood next to Russian President Vladimir Putin during his first term in office and infamously said he would believe him over the word of US spy agencies.

US may be deserting the West

The Finns know from their history a belligerent Russia cannot be trusted.

In Europe, the US is not just withdrawing under Donald Trump, who says the US cannot prioritise the continent’s security any longer. It looks like it may be changing sides deserting the West entirely: Cutting off aid and intelligence to Ukraine while it is pummelled by Russian rockets and drones; branding Ukraine’s leader – and not the tyrant of Moscow – a dictator; attacking close allies with tariffs; resetting relations with Russia while it continues to invade a part of Europe.

‘Trump is ridiculous’, Greenlanders say

And threatening to take over its neighbours. Our journey ended in Greenland, top of the list of Mr Trump’s planned acquisitions.

Most people we spoke to were genuinely worried by him.

Students Aviana and Julie told us Mr Trump’s antics were alarming.

“That’s very scary actually – it seems he’s more with Russia than Ukraine. I’m really scared.”

Another passerby said Mr Trump had no right to make a play for their homeland. They said: “I think it’s ridiculous that he thinks he can just take our land. We don’t have the resources to fight against the USA.”

Jurgen Boassen has become a well-known figure for having opposing views – he is outspokenly pro-Trump.

“I think he is a great man who wants to have peace in the world,” he told us.

‘Europe is failing’

He admits he is paid by MAGA groups in America to promote “cultural ties” and believes Greenland will gradually come around to the idea of becoming closer to America.

“I don’t care because they will realise I’m doing the good thing for Greenland. Europe is failing, Britain, Sweden, Belgium, Holland even Germany,” he said.

Wherever we travelled people seemed in shock. America used to believe helping others was good for America – keeping the peace in Europe, saving lives, or protecting the sovereignty of neighbours.

The fear is under President Trump it is just out for itself. The idea Mr Trump could carve up the world into spheres of influence with other authoritarian leaders seems plausible. If that is the case, lesser nations like Greenland may have plenty to fear.

From what we were told on our journey, Donald Trump’s America First foreign policy risks the lives of millions, the security and sovereignty of allies, and America’s own place in the world while potentially strengthening its enemies.