Chief Justice John Roberts bears some of the blame for Judge Aileen Cannon's weak ruling Monday tossing out the special counsel's Mar-a-Lago case against Trump.
At Law Dork, I discuss why: https://www.lawdork.com/p/cannon-dismisses-mar-a-lago-case
It’s a weak-on-the-law ruling for which Chief Justice John Roberts deserves a not insignificant amount of blame — despite his name not appearing once in her 93-page opinion.
Roberts has led the Supreme Court into an era in which precedent can selectively be ignored, eviscerated, or overruled when it gets in the way of conservatives’ goals. That, in turn, has led lower court judges to feel that they have been given power to do the same — predicting, in essence, the precedents that they believe the current court would ignore.
This is not how the law is to work. And yet, one need only glance through Cannon’s decision to see that reality at work Monday in her effort to do Trump’s bidding.
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