Chief Justice Roberts Is Right: An Unelected Official Should Not Cast Tie-Breaking Votes
Roberts’ unwillingness to interfere in the proceedings of the trial will undoubtedly infuriate the left, but despite the hysteria, he's absolutely correct.
Erielle Davidson
By Erielle Davidson
February 1, 2020
On Friday evening, Chief Justice John Roberts announced that should a tie arise during the impeachment trial of President Donald Trump, he would not step in to break it.
Given the near-even split of the Senate along party lines, Roberts’ comments put an end to the extensive speculation that had been bubbling around Washington.
Senate Minority leader Chuck Schumer prompted Chief Justice Roberts by asking the Justice if he was aware of two instances in which Chief Justice Salmon Chase made tie-breaking votes in the impeachment trial of President Andrew Johnson in 1868. Johnson’s impeachment was the first in our nation’s history, resulting from frequent clashes between the Republican-controlled Congress and then-President Johnson, who repeatedly vetoed legislation designed to protect newly freed slaves.
Roberts informed Schumer that he was aware of Chief Justice Chase’s voting history, but that he would not be conducting himself in the same manner, should a tie arise.
Chase’s two tie-breaking votes were with regards to a motion to adjourn and a motion to end deliberations. Roberts addressed the significance of these two scenarios by stating, “I do not regard those isolated episodes 150 years ago as sufficient to support a general authority to break ties.â€
“If the members of this body, elected by the people and accountable to them, divide equally on a motion, normal rule is that the motion fails. I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed,†he explained.
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https://thefederalist.com/2020/02/01/chief-justice-roberts-is-right-an-unelected-official-should-not-break-ties/