Above the Law - Thinking Like a Lawyer John Roberts Suffers The Slings And Arrows Of Pure Rage Trump
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Mar 4, 2026 They unpack the political fallout after the Court struck down Trump administration tariffs and the public theater around the Chief Justice's relationship with the president. They critique how bar examiners handled a blizzard-disrupted test and debate fairness in licensing. They also explore legal tech developments: whether AI chat prompts are protected from discovery and how governments are wrestling with AI vendors.
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Roberts Chooses Judicial Goals Over Institutional Respect
- Chief Justice John Roberts' willingness to dismantle the Voting Rights Act has led to public humiliation from President Trump and visible slights like being skipped at the State of the Union handshake line.
- Joe Patrice argues Roberts accepts ritualistic humiliation as a tradeoff for achieving his long-term judicial goals, illustrating politics shaping Supreme Court optics.
Administration Treats Court Rulings As Nonbinding
- The administration openly disregards court rulings by pursuing tariffs anyway and signaling it won't refund affected parties despite earlier court representations.
- Joe Patrice and Kathryn Rubino note this pattern shows the government treats court statements as nonbinding and risks credibility and discipline issues.
Discipline Leadership Not RankAndFile Lawyers
- Discipline should focus on government leadership who make misleading courtroom claims rather than blanket punishment for rank-and-file lawyers constrained by service obligations.
- Joe Patrice recommends targeting decision-makers to deter strategic lying to courts without unfairly penalizing JAG or subordinate attorneys.