Congress can act unconstitutionally, the Supreme Court confirms this each time it strikes down a federal law. Congress and Roberts recognize this. The Congressional act, in this case, impeachment and removal by Congress remains valid if and until a court overturns it. Roberts knows this and is sitting this out and waiting to see if the issue rises to the Supreme Court where he will not have to recuse himself for presiding over the impeachment trial. There’s some smoke and mirrors going on here. Once at the SC with him presiding we know what that could look like, an unsigned opinion dismissing without analysis.
Congress can act unconstitutionally, the Supreme Court confirms this each time it strikes down a federal law. Congress and Roberts recognize this. The Congressional act, in this case, impeachment and removal by Congress remains valid if and until a court overturns it. Roberts knows this and is sitting this out and waiting to see if the issue rises to the Supreme Court where he will not have to recuse himself for presiding over the impeachment trial. There’s some smoke and mirrors going on here. Once at the SC with him presiding we know what that could look like, an unsigned opinion dismissing without analysis.