John Roberts Doesn't Want You to Vote

A conversation with David Daley, bestselling author of "Ratf*cked: Why Your Vote Doesn't Count," about his new book, "Antidemocratic: Inside the Far Right's 50-Year Plot to Control American Elections"

A disappointed John Roberts swears in Joe Biden.

Donald Trump is certainly going to lose the popular vote, like he did in 2020 and 2016.

Donald Trump is probably going to lose the Electoral vote, like he did in 2020.

But if the latter is close—and thanks to the antidemocratic architecture of the archaic Electoral College system, it may be—the House of Representatives might wind up deciding who will take the White House on January 20. Trump would probably win in the House (which, despite its intended purpose and its name, is not accurately representative of the American people).

And if it ever got that far, Trump would certainly win in the Supreme Court. There, Leonard Leo’s far-right drones are chomping at the bit to return FPOTUS to the Oval Office. Amy Coney Barrett would join with the four hateful men in robes in holding with the Donald. And proudly, eagerly joining them in such a nightmare scenario would be Chief Justice John Roberts, the reactionary in moderate’s clothing, whose raison d’être is to make the United States as antidemocratic (or, if you will, as fascist) as possible—all the while convincing the media that he’s merely an umpire calling balls and strikes.

Roberts may well be an umpire. But umpire-ness does not automatically guarantee objectivity and neutrality. Like, I’ve seen the baseball scenes in The Naked Gun. Who better to rig the game than the umpire, who can call a slider under the chin a strike and a fastball right down Broadway a ball?

That’s exactly what Roberts has done. In his court, balls are strikes, white is black, up is down, Radiohead is Coldplay. Words have no meaning. On his watch, SCOTUS decided that “well regulated” means “not regulated at all, even a little,” and that, in the case of Trump being removed from the ballot in Colorado for leading an insurrection, “Congress may by a vote of two-thirds of each House, remove such disability” means that it’s not actually necessary for Congress to do such a thing. Roe, legal precedent for half a century, is overturned, but the Comstock Act is okay.

There is not, and will never be, an internal logic to these decisions. Leonard Leo and the rightwing machine decide what outcomes they want, they game the lower court system to get the Supreme Court to take on the requisite cases, and then Roberts & Co. pull shit out of their collective ass to produce a ruling that pleases their rightwing whoremasters. And who pays the price? Pregnant women who cannot access necessary healthcare. Children who get gunned down by the score in schools all across the country. Minorities who have seen their federal civil rights protections evaporate. Consumers of tainted cold cuts. And, just to pull something out of today’s news, homeowners in the path of Hurricane Helene, victims of the climate change the GOP and its stooges on the Supreme Court will deny until Florida is underwater.

At the heart of all of this is voting rights. A country is only as democratic as its system for electing its leaders. By that measure, the United States is not all that democratic. State legislatures devise lopsided redistricting maps; that ensures a significant number of extremists in the House. The Senate, meanwhile, is inherently fucked by its construction, which vouchsafes New York the same number of senators as North Dakota. Thus has a minority of reactionary weirdos managed to hijack our federal government. And no one has done more to make this a reality than John Glover Roberts Jr.

“This is who he is,” David Daley, author of the excellent and exigent new book Antidemocratic: Inside the Far Right's 50-Year Plot to Control American Elections and my guest on today’s PREVAIL podcast, tells me. “And John Roberts has so successfully maintained his reputation as an institutionalist, as an umpire, as a caller of balls and strikes, that he’s gotten away for 25 now with being what I call the most effective Republican politician of the last fifty years—who has delivered the right victory upon victory that they never could have won at the ballot box.”

In 2013, Roberts gutted the Voting Rights Act of 1965, torpedoing Section 5, which required historically racist states like Alabama and Mississippi to “preclear” any proposed changes to laws, policies, or maps related to elections. In the disgraceful Shelby County decision, the Chief Justice assured us that the South “has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.” Section 5, he wrote, is “based on 40-year-old facts having no logical relationship to the present day.”

Incredibly, a white Republican who grew up in a whites-only town in Indiana was somehow ignorant of what was happening to racial minorities in the South. As Daley writes in Antidemocratic:

Spend some time with the Justice Department files from this era and two things become immediately clear: First, across small-towns in the South, the VRA helped to promote parity in voter registration numbers, but preclearance prevented the adoption of many new-school methods of voter suppression designed to keep the past alive in little locales where no media played watchdog and officials could not be trusted. And second, the five Supreme Court justices who declared that preclearance should have been a vestige of the past spent little time examining these stories.

They likely knew nothing of the majority-Latino town Seguin, Texas, about a half hour east of San Antonio, where the white population accounted for a third of the population but two-thirds of the City Council. That imbalance persists because officials simply refused to redistrict for more than two decades, after both the 1980 and the 1990 census. Latino leaders filed a lawsuit using Section 5 and won—only to see the city respond by rushing the filing deadlines forward for candidates so that no Latino candidates could qualify. To stave off that latest scheme, the Latino majority had to rely on preclearance—and another successful lawsuit.

Seguin, Texas is hardly the only example. Daley recounts many of them in his book. They are nauseatingly, infuriatingly unfair. To this day, and contrary to Roberts’s assurances in Shelby County, voter suppression in the South remains a big deal. And that’s just how the Chief Justice likes it.

“[P]eople on the left still say, ‘Oh, John Roberts is going to save us on this really important thing,’” Daley tells me. “And John Roberts is not going to save you. John Roberts is not an umpire. John Roberts is not your friend. John Roberts was raised in a town for whites only, that was still advertising itself as a place for Gentile Caucasians, even after the United States outlawed housing discrimination.”

Sam Alito is the most pompous of the current Leonard Leo justices. Clarence Thomas is the most corrupt. Brett Kavanaugh is the most nakedly partisan. But John Roberts is the most dangerous, the most insidious, the most fascistic, and, worst of all, the most appealing in the eyes of the press—despite the severe and possibly fatal damage he’s done to our democracy.

“This is who John Roberts is,” Daley says. “Curtailing voting rights has been John Roberts’s life’s work—and he’s really really good at it.”

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LISTEN TO THE PODCAST

S8 E4: John Roberts Is Not Your Friend (with David Daley)

David Daley is the author of the national best-seller “Ratf**ked: Why Your Vote Doesn’t Count” and “Unrigged: How Americans Are Battling Back to Save Democracy.” His journalism on democracy and voting rights appears regularly in The New Yorker, The New York Times, The Atlantic, The Washington Post, Slate, The New Republic and many other publications. He is the former editor in chief of Salon, and has taught journalism and political science as a fellow at Wesleyan University, Boston College and the University of Georgia. He is a senior fellow at FairVote, and is often heard on CNN, MSNBC and NPR. His latest book is "Antidemocratic: Inside the Far Right's 50-Year Plot to Control American Elections.”

Greg Olear talks to Dave Daley about gerrymandering; how the Senate is “the original gerrymander”; Fair Vote and the virtues of ranked choice balloting; and how far right activists, including Leonard Leo, reactionary-in-moderate’s-clothing John Roberts, and a cabal of antidemocratic lawyers most people have never heard of, slowly and incrementally dismantled the Voting Rights Act. Plus: the year’s most irrelevant book!

Follow Dave Daley
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Buy his book:
Antidemocratic: Inside the Far Right's 50-Year Plot to Control American Elections

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https://www.youtube.com/channel/UC0BRnRwe7yDZXIaF-QZfvhA

Check out ROUGH BEAST, Greg’s new book:
https://www.amazon.com/dp/B0D47CMX17

ROUGH BEAST is now available as an audiobook:
https://www.audible.com/pd/Rough-Beast-Audiobook/B0D8K41S3T

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Photo credit: Chief Justice John G. Roberts Jr. swears President Joe Biden into office during the 59th Presidential Inauguration ceremony in Washington, Jan. 20, 2021. President Joe Biden and Vice President Kamala Harris took the oath of office on the West Front of the U.S. Capitol. (DOD Photo by Navy Petty Officer 1st Class Carlos M. Vazquez II)