Magazine December 31, 2020, Issue

The Courts Hold the Line

Chief Justice John Roberts on Capitol Hill in Washington, D.C., March 9, 2017 (Aaron P. Bernstein/Reuters)
And stay out of the post-election political fray

John Roberts is an extraordinarily risk-averse chief justice. Even were that not the case, though, the Supreme Court would resist entanglement in elections, particularly presidential elections. The justices were never going to take it upon themselves to intervene in the contest President Donald Trump has lost to President-elect Joe Biden. Nor ought they have done so, much less reverse Biden’s fairly narrow but credibly undeniable Electoral College victory.

The justices unanimously found no merit in the risible lawsuit that Texas petitioned to file against four battleground states won by Biden. In the aftermath, Trump and his more rabid supporters claimed that

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