Quote (Goomshill @ 30 Jan 2020 22:31)
What precedents could be set by this impeachment beyond pushing the envelope of partisanship? The only precedent is that the next democratic president against a republican house, whenever that happens, will be impeached. All the details of the impeachment hearings and trial are just noise beyond that.
And no, if Murkowski votes no, it becomes 51-49 and doesn't go up to a tiebreaker. If Murkowski votes yes, it becomes 50-50, and while Roberts has the option, he will not vote. SCOTUS justices are predictable and Roberts absolutely isn't about to make any bold, controversial power grabs as a stunt. He's going to do whatever is seen as the most neutral and apolitical option, which is to not choose sides, not state opinions and not cast votes.
To answer your question, I think that it is setting a bad precedent in multiple ways. The GOP is not only saying they are okay with this president and future presidents unlawfully withholding funds from foreign countries to investigate political rivals, they are also saying that a majority in the Senate means that you can block a full and open trial from taking place in front of the American people, even if the majority of the American people (both Republicans and Democrats) want witnesses.
I meant to say that if Murkowski votes yes, I think Roberts will cast a tiebreaking yes vote for a personal legacy point. History will look upon this debacle in the Senate unfavorably, and Roberts won't want his name joined with the Republican Senators. He's a Supreme Court Justice: he's all about fairness, principle, and hearing all the information before reaching a decision. He'll vote Yes on witnesses if he is forced to decide.