“I think, at a very basic level, people think we’re making policy decisions, we’re saying we think this is how things should be, as opposed to what the law provides. I think they view us as purely political actors, which I don’t think is an accurate understanding of what we do.” — Chief Justice John Roberts, May 6, 2026
Come hell or high water in the Trump era the Roberts Court has almost always found a way to enable Donald Trump and advance the interests of the contemporary Republican Party. The 6-3 Republican supermajority has given us Trump v. United States (July 1, 2024) and Louisiana v. Callais (April 29, 2026), which, among a host of other decisions, have strengthened the evidence that the Republican justices have less fidelity to the Constitution than to a partisan agenda. The latter decision, the latest in a pattern, illustrates the Roberts Court’s hostility to the Reconstruction Amendments.
Of these amendments, Eric Foner has written:
The 13th Amendment irrevocably abolished slavery. The 14th constitutionalized the principles of birthright citizenship and equality before the law. The 15th sought to guarantee the right to vote for black men throughout the reunited nation. All three empowered Congress to enforce their provisions, radically shifting the balance of power from the states to the nation.
The amendments had flaws. The 13th allowed involuntary servitude to continue for people convicted of crime, inadvertently opening the door to the creation of a giant system of convict labor. The 14th mandated that a state would lose part of its representation in the House of Representatives if it barred groups of men from voting but imposed no penalty if it disenfranchised women. The 15th allowed states to limit citizens’ right to vote for reasons other than race.
Nonetheless, the amendments should be seen not simply as changes to an existing structure but as a second American founding, which created a fundamentally new Constitution.
The majority on the Roberts Court is intent on clawing back what Congress intended in the post-Civil War era and again (as recently as 1982) what Congress intended following passage of the 1964 Civil Rights Act and the Voting Rights Act of 1965. With the decision on April 29, the six Republican justices have succeeded in demolishing the VRA.
Louisiana v. Callais will have dramatic consequences going forward — eliminating Black representation in Congressional districts, state legislatures, and local governing bodies. In fact, dramatic changes are already taking place, as a number of Republican states rush to redistrict and disable Black voting strength before the November 2026 elections.
[“Deadline: White House,” July 1, 2024. Marc Elias begins speaking at the 8:27 mark]
On the day theTrump v. United States decision was handed down, Nicolle Wallace asked voting rights attorney and activist Marc Elias for his response, which is worth quoting in full:
I think that we run the risk even on a day like today of overly lawyering, legalizing what the Supreme Court has done.
Let’s be clear. As you know, you’ve heard they knew exactly what they were doing not just for the past but for the future. Donald Trump is campaigning on a platform of being a dictator for a day and of seeking vengeance against his enemies. And, you know, to do that he needs the support of a lot of people who are going to go along with him.
Well, what have those people who have gone along with him learned in the past couple weeks? Number one, that the U.S. Supreme Court was going to narrowly construe a statute that went after January 6 insurrectionists. Number two, the Supreme Court was going to let Donald Trump remain on the ballot. Number three, that the Supreme Court was going to give him basically absolute immunity, not just for what he did last time, but what he may do in the future. And that his pardon power is absolute.
So let’s be clear. It’s not just that the Supreme Court knew what it was doing with respect to the to the criminal cases that have been indicted. The Supreme Court knows what it’s doing with respect to empowering his attitudes and his impulses and those of his followers as we are four months from the next election, four and a half months from the next set of lawsuits, five months from the next insurrection at the Capitol, and then potentially four years of him seeking vengeance and misusing power to go after his political opponents and to prosecute his case against the American people.
It is a shameful day for democracy. The court has disgraced itself. And I’ll tell ya, everyone one of us needs to be steeled for a battle to stand up for the rule of law going forward.
Wallace followed up: “Can I just ask you one last question, Marc Elias. In your view, why?” His response:
Because they agree with him.
You know, one of the things that has always struck me as odd in this town is that people look at a bunch of justices and they say: Well, you know they all went to Harvard and Yale Law School. And they all went to the best colleges. And they send their kids to the same schools that our kids go to. And you know they enjoy a glass of wine with a crudité at a reception at the Supreme Court. And they wear robes and they speak in very flowery language. They’re just like us.
No. They actually believe that Donald Trump is the future of America. They believe that the flag should be flown upside down, indicating distress, when Joe Biden wins. They believe that Donald Trump as a strongman should have immunity.
And it’s time that, you know, people that are in the center, the center-left, the center-right, stop looking at justices and thinking, Well, they must share our value system.
They don’t share our value system. They share his value system.
We have no reason to doubt this assessment and every reason to believe that when we watch the Roberts Court, we understand exactly what it is doing. This court is making policy decisions based on partisan preferences. It is enabling an authoritarian Republican president. At the same time, it is disabling Democratic public policies (such as the Voting Rights Act).
The Roberts Court is relying not on the Constitution, not on originalism, not on conservative judicial principles (such as judicial restraint, adherence to precedent, or respect for the coequal branch of government established by Article I). These Republican justices are dedicated to boosting the MAGA political agenda, because they prefer an earlier America than the one we have lived in since the second founding. They are imposing their political preferences on the nation.












