Senior judicial analyst Judge Andrew Napolitano defended Chief Justice John Roberts against accusations in a recent New York Times report, stating that Roberts' actions follow a tradition of chief justices since the 1800s while characterizing the leak of Supreme Court deliberations as "outrageous" and a breach of confidentiality.
Napolitano appeared Monday on Newsmax's "Carl Higbie FRONTLINE," responding to accusations against Roberts published in a recent New York Times article. The report suggested Roberts played a crucial role in shaping the outcomes of three major cases, including those involving the Jan. 6 riots and former President Donald Trump's immunity. Napolitano, however, emphasized that Roberts' actions are part of a tradition that chief justices have followed for over 200 years.
"In terms of what John Roberts is accused of doing, this is what chief justices have been doing since John Marshall in the early 1800s," Napolitano explained. "They're the first among equals. They try to mold the court. They try to find consensus. If they can't find consensus, then they try and bring four other justices, at least on their side, so they can affect the ultimate outcome. That's what they do, big deal."
"If you read between the lines, some of the comments from that article came from the conference that the justices have immediately after they finish oral argument," Napolitano explained. "When they finish oral argument, they go to a room right behind where their courtroom is. No one is in that room except the nine of them.
Now, I suppose it's really one of the nine who could have told a clerk or an assistant or a researcher what was discussed in there, but whichever one of them did that violated the rules of confidentiality. So, in the first instance, that information did come from a justice," he added.
The New York Times report suggested that Roberts' maneuvering shaped critical rulings, but Napolitano argued that such actions are a regular part of the chief justice's role. He even referenced Roberts' involvement in the Affordable Care Act case, noting that his decision to change his position resulted in the law being upheld as constitutional.
"Roberts changed his mind at the last minute on the Affordable Care Act, and that caused Obamacare to be found constitutional, even though when they had their original conference, the vote was to make it unconstitutional. But that's the way the system works," Napolitano said. "You give a little, you take a little, you negotiate."
Napolitano pushed back against claims that Roberts acted in a way that could be interpreted as treasonous or overly favorable to Trump. "The Supreme Court made it sound like John Roberts was Trump's lawyer," Napolitano said. "It wasn't. I'll use your favorite word: treason. It wasn't."
In addition to defending Roberts, Napolitano expressed grave concerns about the leak of confidential Supreme Court deliberations, which he called "outrageous and unacceptable." He warned that whoever was responsible could face severe consequences. "Whoever the leaker was, from a Supreme Court justice to a janitor in the evening, could lose their job, lose their license to practice law as a result of that leak," Napolitano said.
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