Greg Olear writes about Chief Justice John Roberts and his lifelong passion to destroy voting rights. To those who thinks Roberts is a moderate, Olear says that the facts prove otherwise.
He writes:
Donald Trump is certainly going to lose the popular vote, like he did in 2020 and 2016.
Donald Trump is probably going to lose the Electoral vote, like he did in 2020.
But if the latter is close—and thanks to the antidemocratic architecture of the archaic Electoral College system, it may be—the House of Representatives might wind up deciding who will take the White House on January 20. Trump would probably win in the House (which, despite its intended purpose and its name, is not accurately representative of the American people).
And if it ever got that far, Trump would certainly win in the Supreme Court. There, Leonard Leo’s far-right drones are chomping at the bit to return FPOTUS to the Oval Office. Amy Coney Barrett would join with the four hateful men in robes in holding with the Donald. And proudly, eagerly joining them in such a nightmare scenario would be Chief Justice John Roberts, the reactionary in moderate’s clothing, whose raison d’être is to make the United States as antidemocratic (or, if you will, as fascist) as possible—all the while convincing the media that he’s merely an umpire calling balls and strikes.
Roberts may well be an umpire. But umpire-ness does not automatically guarantee objectivity and neutrality. Like, I’ve seen the baseball scenes in The Naked Gun. Who better to rig the game than the umpire, who can call a slider under the chin a strike and a fastball right down Broadway a ball?
That’s exactly what Roberts has done. In his court, balls are strikes, white is black, up is down, Radiohead is Coldplay. Words have no meaning. On his watch, SCOTUS decided that “well regulated” means “not regulated at all, even a little,” and that, in the case of Trump being removed from the ballot in Colorado for leading an insurrection, “Congress may by a vote of two-thirds of each House, remove such disability” means that it’s not actually necessary for Congress to do such a thing. Roe, legal precedent for half a century, is overturned, but the Comstock Act is okay.
There is not, and will never be, an internal logic to these decisions. Leonard Leo and the rightwing machine decide what outcomes they want, they game the lower court system to get the Supreme Court to take on the requisite cases, and then Roberts & Co. pull shit out of their collective ass to produce a ruling that pleases their rightwing whoremasters. And who pays the price? Pregnant women who cannot access necessary healthcare. Children who get gunned down by the score in schools all across the country. Minorities who have seen their federal civil rights protections evaporate. Consumers of tainted cold cuts. And, just to pull something out of today’s news, homeowners in the path of Hurricane Helene, victims of the climate change the GOP and its stooges on the Supreme Court will deny until Florida is underwater.
At the heart of all of this is voting rights. A country is only as democratic as its system for electing its leaders. By that measure, the United States is not all that democratic. State legislatures devise lopsided redistricting maps; that ensures a significant number of extremists in the House. The Senate, meanwhile, is inherently fucked by its construction, which vouchsafes New York the same number of senators as North Dakota. Thus has a minority of reactionary weirdos managed to hijack our federal government. And no one has done more to make this a reality than John Glover Roberts Jr.
“This is who he is,” David Daley, author of the excellent and exigent new book Antidemocratic: Inside the Far Right’s 50-Year Plot to Control American Elections and my guest on today’s PREVAIL podcast, tells me. “And John Roberts has so successfully maintained his reputation as an institutionalist, as an umpire, as a caller of balls and strikes, that he’s gotten away for 25 now with being what I call the most effective Republican politician of the last fifty years—who has delivered the right victory upon victory that they never could have won at the ballot box.”
In 2013, Roberts gutted the Voting Rights Act of 1965, torpedoing Section 5, which required historically racist states like Alabama and Mississippi to “preclear” any proposed changes to laws, policies, or maps related to elections. In the disgraceful Shelby County decision, the Chief Justice assured us that the South “has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.” Section 5, he wrote, is “based on 40-year-old facts having no logical relationship to the present day.”
Incredibly, a white Republican who grew up in a whites-only town in Indiana was somehow ignorant of what was happening to racial minorities in the South. As Daley writes in Antidemocratic:
Spend some time with the Justice Department files from this era and two things become immediately clear: First, across small-towns in the South, the VRA helped to promote parity in voter registration numbers, but preclearance prevented the adoption of many new-school methods of voter suppression designed to keep the past alive in little locales where no media played watchdog and officials could not be trusted. And second, the five Supreme Court justices who declared that preclearance should have been a vestige of the past spent little time examining these stories.
They likely knew nothing of the majority-Latino town Seguin, Texas, about a half hour east of San Antonio, where the white population accounted for a third of the population but two-thirds of the City Council. That imbalance persists because officials simply refused to redistrict for more than two decades, after both the 1980 and the 1990census. Latino leaders filed a lawsuit using Section 5 and won—only to see the city respond by rushing the filing deadlines forward for candidates so that no Latino candidates could qualify. To stave off that latest scheme, the Latino majority had to rely on preclearance—and another successful lawsuit.
Seguin, Texas is hardly the only example. Daley recounts many of them in his book. They are nauseatingly, infuriatingly unfair. To this day, and contrary to Roberts’s assurances in Shelby County, voter suppression in the South remains a big deal. And that’s just how the Chief Justice likes it.
“[P]eople on the left still say, ‘Oh, John Roberts is going to save us on this really important thing,’” Daley tells me. “And John Roberts is not going to save you. John Roberts is not an umpire. John Roberts is not your friend. John Roberts was raised in a town for whites only, that was still advertising itself as a place for Gentile Caucasians, even after the United States outlawed housing discrimination.”
Sam Alito is the most pompous of the current Leonard Leo justices. Clarence Thomas is the most corrupt. Brett Kavanaugh is the most nakedly partisan. But John Roberts is the most dangerous, the most insidious, the most fascistic, and, worst of all, the most appealing in the eyes of the press—despite the severe and possibly fatal damage he’s done to our democracy.
“This is who John Roberts is,” Daley says. “Curtailing voting rights has been John Roberts’s life’s work—and he’s really really good at it.”

Reading “Antidemocratic” now. Roberts should follow Scalia’s lead and drop dead in his sleep. Along with Kavanaugh and Alito. It is certainly not too close to the election to replace them. If that sounds harsh tough luck .
LikeLike
Joel,
If it’s time to engage in fantasies, I have a name or two to add to your list.
LikeLike
As I posted yesterday, I have been doing a lot of thinking about the electoral college. Since 2016, the Pew Research Institute has noticed a renewed support for the electoral college among those right of center in the voting public making abolishing it a practical impossibility. This does not solve the problem of disengagement of voters who rightly see their vote as purely ceremonial. There is almost no path to victory for a moderate candidate in red Tennessee.
I think a good compromise might be to create a popular vote pool of electors drawn from nationwide totals in the presidential race. This would have two effects. First, it would solve the problem of voters like me who have never contributed to a national election. Voters would understand that, despite their living as a minority in a particular geographic location, they might contribute to winning a group of electors who were named at large. This way there would be motivation for the republican voters in California to vote and democrats like me from Tennessee and Texas would also be rewarded by knowing that their votes came to some good. Moreover, since republican voters in democratic states like New York and California tend toward more moderate politics, it would have a moderating influence on political discussion from distant wings of the party.
LikeLike
Roy– I don’t quite understand what you are describing or how it would be implemented (does each state have to pass some law?) But the National Popular Vote Compact would do the same thing, I think. It has been enacted by 17 states plus DC; at this point it affects 207 of the required 270 electors. It also has passed one legislative chamber in 7 additional states representing 74 additional electors. It will go into effect once the minimum of 270 is reached. And is Constitutionally kosher.
LikeLike
p.s., Roy, had to chuckle at “since republican voters in democratic states like NY & CA tend toward more moderate politics…” You may be right, but does not reflect my experience raised in upstate-NY– in a liberal enclave (by virtue of being a collegetown), surrounded by John Birchers.
LikeLike
I’m a life-long practicing Catholic and a 70+ years member of the Catholic Third Order of St. Francis, but I am concerned that the majority of Justices on the U.S. Supreme Court are all Catholic. We American Catholics are not “taking orders from the Pope”, but the religious and moral culture that we Catholics are raised in is definitely a top-down authoritarian culture. I think that our nation needs more diversity when it comes to the culture of Supreme Court Justices.
For example, take Justice Amy Coney Barrett: Barrett is a leading member of a secretive Catholic organization named “People of Praise.” Her father and her husband are also reportedly members.
People of Praise is headed by an all-male board of governors described as its “highest authority”. Women are subordinate to this authority.
Heidi Schlumpf, executive editor for National Catholic Reporter, which reports on Church issues said: “Whether People of Praise rises to the level of cult, I am not in a position to make that judgment. But there is a level of secrecy that is concerning, and there is a level of reports by people who left the organization of authoritarianism that [is] concerning as well.”
Other Catholic writers have said it is fair to scrutinize People of Praise because the group falls far outside mainstream Catholicism.
During her tenure as a professor at Notre Dame, Barrett signed a letter attacking a provision of the Affordable Care Act [ACA] that requires insurance companies to offer coverage for contraception, and to tell employees about contraception and abortion drugs that are available under the insurance plan. The letter Barrett signed declared: “The simple fact is that the Obama administration is compelling religious people and institutions who are employers to purchase a health insurance contract that provides abortion-inducing drugs, contraception and sterilization. This is a grave violation of religious freedom and cannot stand.”
As a Supreme Court Justice, Barrett is in a position to kill the ACA if or when the issue comes to the Supreme Court. Indications are that Barrett and other Catholic Justices are hostile to key provisions of ACA, and to the law in general.
Massimo Faggioli, a historian and theologian at Villanova University, said there were “tensions” between serving as a Supreme Court Justice, the final interpreter of the US Constitution, and swearing an oath to an organization that he pointed out “lacks transparency and visible structures of authority that are accountable to their members, to the Roman Catholic Church, and to the wider public”.
The Third Order of St. Francis that I belong to could not be more different from “People of Praise”. In his day, St. Francis turned Catholicism on its head, rejecting the power and wealth of The Church, and “The Peace Prayer of St, Francis” reflects that:
Lord, make me an instrument of your peace.
Where there is hatred, let me sow love;
where there is injury, pardon;
where there is doubt, faith;
where there is despair, hope;
where there is darkness, light;
where there is sadness, joy.
O Divine Master, grant that I may not so much seek
to be consoled as to console;
to be understood as to understand;
to be loved as to love.
For it is in giving that we receive;
it is in pardoning that we are pardoned;
and it is in dying that we are born to eternal life.
— St. Francis of Assisi
The “peace” referred to in the prayer’s title doesn’t refer to world peace; it refers to the peace of mind gained by the individual person who prays the prayer and lives its precepts.
Voting is the antithesis of authoritarianism, and it could well be the Chief Justice Roberts’ crusade to restrict and possibly end voting by We the People has a foundation in his authoritarian Catholic culture which also condemns birth control and abortion.
On Fri, Oct 11, 2024 at 6:01 AM Diane Ravitch’s blog < comment-reply@wordpress.com> wrote:
LikeLike
58% of US hospitals are designated non-profit charity organizations which are tax exempt. Most recent estimate [KFF] places tax revenues lost for 2020 alone at $28.1 billion [$14.4 fed, $13.7 state & local]. Law requires them in exchange to provide community benefits; research consistently shows they do not meet even very broad definitions– in fact, offer fewer community benefits than for-profit hospitals.
These places are major beneficiaries of SCOTUS ‘religious freedom’ decisions made over the past 20 yrs. Not just by current justices, but all made under Roberts court. Though we’ll no doubt see more, given makeup of current 9.
LikeLike