The Impeachment Controversy Drags Supreme Court into the Politics of the Trump Era
Originally published as: James J. Barney, "The Impeachment Controversy Drags Supreme Court into the Politics of the Trump Era," The Hill, October 14, 2019.
In the aftermath of a brutal and heavily politicized confirmation process of Justice Brett Kavanaugh, Chief Justice John Roberts seemingly sought to avoid being viewed as a politicalized body in the Trump era. Whether by purpose or accident, the 2018-2019 Supreme Court term was one of the most muted terms in recent memory. But that’s about to change. With the impeachment crisis in full swing, the Supreme Court may be forced involuntarily into the political fray of the 2020 presidential election. And even if the Supreme Court decides not to get involved in impeachment related cases, this crisis has the potential to undermine Chief Justice’s attempts to cast the court as a non-political entity.