Roberts’ unwillingness to interfere in the proceedings of the trial will undoubtedly infuriate the left, but despite the hysteria, he's absolutely correct. //

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.”

“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. //

At the time Roberts made his above statement, it was unclear as to how Republican Sen. Lisa Murkowski would vote on the motion to allow more witnesses. Had she voted in favor of the motion (she ultimately did not), the resulting breakdown of votes would have been 50-50, leaving the possibility open for Chief Justice Roberts to step in and “save” the motion by casting a vote in its favor. //

There has been considerable debate over whether the vice president’s role as “President of the Senate” amounts to a violation of the separation of powers doctrine upon which our Constitution is structured. Thus, Roberts is correct in his unwillingness to invite the same confusion into this impeachment trial, especially given the “sole power” accorded to the Senate with regards to trying all impeachments.