Supreme Court Justices Pose For Formal Group Photo

Chief Justice John Roberts sits during a group photo of the justices of the US Supreme Court in Washington, DC on April 23, 2021.

(Photo by Erin Schaff-Pool/Getty Images)

The Tariff Ruling Shows the Roberts Court Is More Pro-Corporate Than Pro-Trump

The mainstream media, and even much of the progressive media, is misinterpreting the tariff decision as demonstrating the Roberts Court's independence and judicial neutrality. Instead, it demonstrates the court's true masters.

The US Supreme Court's rejection of President Donald Trump's singular policy on tariffs is a reason for some celebration. During the past year, using the so-called "shadow docket," the Roberts Court had ruled in Trump's favor on an emergency basis 24 out of 28 times.

But the mainstream media, and even much of the progressive media, is misinterpreting the tariff decision as demonstrating the Roberts Court's independence and judicial neutrality.

For example, the New York Times lead article by its chief legal correspondent Adam Lipnick was headlined, "The Supreme Court's Declaration of Independence," and the article argued that SCOTUS's decision "amounted to a declaration of independence." One progressive blogger wrote, "It would be nice—and, in political terms, smart—if the left changes its tune about Roberts in the wake of his courageous stand." An article in the generally liberal Atlantic magazine was headlined, "The Supreme Court Isn't a Rubber Stamp."

But the Roberts Court is not independent. Rather, when there's a conflict between big corporations and Trump, it will side with the corporations.

Most of the media is getting the meaning of the tariffs case wrong.

The plaintiffs challenging the tariffs were represented by the New Civil Liberties Alliance funded by billionaire Charles Koch and former Federalist Society chief Leonard Leo who selected the right-wing Justices. Even The Chamber of Commerce filed an amicus brief opposing the Trump tariffs and asking the Roberts Court to overturn them.

In most cases that don't threaten corporate interests, the Roberts Court sides with Trump. However, as with the tariff decisions, in cases soon to be decided on whether Trump can fire a Federal Reserve governor without cause—which threatens business interests—oral arguments indicate they will probably side with the business interests and rule that the Fed is a special case and the president cannot fire a Fed governor without cause. But they will likely bend themselves into pretzels to hold that Trump can fire without cause the heads of most other agencies like the Consumer Protection Financial Bureau and the National Labor Relations Board, which regulate business and which corporate interests want kneecapped..

Most of the media is getting the meaning of the tariffs case wrong. It does not show that the Roberts Court is independent. Rather, it shows that the Roberts Court is pro-corporate.

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