Donald Trump, of course, is a “realist” who dismisses the rule of law, both at home and abroad, as being a mere cover for money and power. He also famously values loyalty over everything, including competence. And so, as you would expect, he clearly believes that he can rely on “his” Supreme Court to bail him out of any legal mess he might create. Hey, he gave Gorsuch and Kavanaugh their jobs–when he calls on them to perform services for him, they will deliver, right?
Maybe. Thomas, Alito, and Gorsuch are right-wing hacks; his reliance on them is perfectly reasonable. Kavanaugh probably is, too, but we don’t have enough of a record yet to say for sure. Roberts, however, is another story altogether.
Roberts is the Mitch McConnell of the Supreme Court. He plays chess, not checkers. He cares about the reputation of the Court, and he knows that there are times you have to restrain yourself, and even retreat, if you want to win in the end. He’s a partisan, but one who sees a bigger picture. Finally, he cares about his place in history; he doesn’t want to be the 21st century equivalent of Roger Taney.
As a result, I think Trump will prevail in some, and possibly most, of his legal disputes, but not all of them. It will depend on the facts. At times, Roberts may be a “rat.”