Election Day is nigh, and the litigation is ramping up. But as Dylan Hosmer-Quint writes in the National Law Journal, once states start counting the ballots, it’d be wise for Chief Justice Roberts to keep the Supreme Court out of disputes that could resolve the election in favor of one candidate or the other.

Read the op-ed here.

The piece argues that many of the justices have compromised impartiality through past partisan work, ranging from Bush v. Gore to efforts to undermine the Voting Rights Act for the Reagan Justice Department.

Hosmer-Quint also highlights FTC’s research on the justices partisan voter registrations. He concludes:

In the medium and long term, targeted reforms could go a long way to restoring confidence in the Supreme Court. The recusal statute could be given teeth—in other words, justices could be required to explain their recusal or non-recusal decisions, and that decision could be appealable to the entire court.

But in the meantime, it’s up to Roberts to preserve the independence of the institution he has taken an oath to safeguard. My advice to Roberts on Biden v. Trump: to maintain the integrity of your institution, avoid, avoid, avoid.