During my second year of law school at the University of Chicago, the constitutional law final included a question dealing with the hypothetical impeachment and trial of a president — where the chief justice did not preside over the trial. After the exam, I told a classmate the situation seemed so absurd and implausible that it would never happen.
I was wrong. More than 30 years later, the Senate is set to try former President Trump and Chief Justice John Roberts will not preside over the trial. Instead, Sen. Patrick Leahy (D-Vt.), president pro tempore of the Senate, an elected official and a member of the judiciary, oversees the hearing. This is deeply troubling.
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