Rep. Mo Brooks calls Justice Roberts’ legal foundation into question

Rep. Mo Brooks (R-AL) had an interesting take on the upcoming impeachment trial in the Senate.

Brooks diagnosed Supreme Court Chief Justice John Roberts as “mentally erratic” and questioned his ability to conduct a fair trial, Breitbart reports.

Roberts’ inconsistent history

According to the Constitution, the chief justice of the Supreme Court oversees impeachment trials.

As such, Justice Roberts will be the one responsible for ensuring the trial is conducted properly. But his past work has led some to question his impartiality.

Brooks explained his reasoning for questioning Roberts by pointing out: “Out of nine Supreme Court justices, he was the only one who thought that Obamacare was not socialized medicine, was not some kind of government health care program.”

The congressman went on: “He thought it was a tax increase, therefore it was permissible; therefore, the government could mandate that the American people be forced to buy products that they may or may not want, OK? Now that’s a direct conflict with the liberty and freedoms established in the Bill of Rights and the United States Constitution.”

Roberts was the deciding vote on Obamacare back in 2012 and infuriated many with his justification. Brooks criticized the “legal gymnastics” that Roberts used to justify a decision that “all eight of the other Supreme Court justices thought was rather bizarre.”

Brooks says he would prefer someone who is more consistent and reliable to preside over the trial. While that may be a valid desire, it may be of little importance.

Senators will decide impeachment

Roberts’ role in the trial is likely to be more procedural than anything, CNBC notes. The true decision comes down to the senators.

The Republican-led Senate has made it clear what they think about impeachment. The Democrats in the House made a mockery of the impeachment process, and Senate Republicans have seen enough.

Democrats ignored calls for bipartisan investigation and shut House Republicans out. They also controlled information and ignored key pieces of evidence. Rep. Adam Schiff’s (D-CA) conduct was particularly egregious. From multiple instances of lying to grooming witnesses and directing their testimony, Schiff discredited himself and House Democrats with his conduct.

Republicans in the Senate have been watching this, and have made up their minds already. Majority Leader Mitch McConnell (R-KY) has already made it clear: impeachment will be dead on arrival.

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