“Why doesn’t Chief Justice Roberts just demand that Thomas and Alito retire immediately to help save the integrity of the Supreme Court?” — William E. Lowry, Charlotte Hall, Md. Hi William, The chief justice can’t force his fellow justices to retire. Though his “chief” title might suggest otherwise, he can’t force them to do much of anything. There was a time when a prior chief justice, Earl Warren, urged another justice facing scrutiny, Abe Fortas, to resign for the good of the court.
Then-President Richard Nixon's administration pressured the Democratic-appointed Fortas off the court. Nixon, a Republican, then appointed his successor. Roberts may have wanted Thomas and Alito to recuse themselves from Jan. 6-related cases, but even that might be giving the chief too much credit unless we learn otherwise. One of those cases came down Friday, with Thomas and Alito signing on to Roberts’ 6-3 majority opinion siding with the Jan. 6 defendant in Fischer v. United States.
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