Tom Goldstein, editor of SCOTUSblog:
A simple five-page per curiam opinion genuinely could end up in the pantheon of all-time most significant rulings in American history. Every once in a long while, the court needs to invest some of its accumulated capital in issuing judgments that are not only legally right but also respond to imminent, tangible threats to the nation. That is particularly appropriate when, as here, the court finds itself being used as a tool to actively undermine faith in our democratic institutions — including by the members of the court’s bar on whom the justices depend to act much more responsibly.
In a time that is so very deeply polarized, I cannot think of a person, group or institution other than the Supreme Court that could do better for the country right now. Supporters of the president who have been gaslighted into believing that there has been a multi-state conspiracy to steal the election recognize that the court is not a liberal institution. If the court will tell the truth, the country will listen. [SCOTUSblog]
Even if not all the Justices sign on, it would be effective. And if any of them did indicate an interest in assenting to the demands of the Republicans, an immediate petition for their retirement would be in order.
Chief Justice Roberts has had his run-ins with President Trump, so it may be that, at this very moment, he’s inveighing his fellow conservatives to sign on to exactly such an opinion. While it won’t have much effect on Trump cultists, the balance of the Republican Party may take a rebuff from the SCOTUS conservatives to heart.
And, if not, at least history will record that they did the right thing.
