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Political critics of Supreme Court decisions fundamentally misunderstand the institution’s role, according to Chief Justice John Roberts, who emphasized that the Court’s purpose is to interpret law, not create it.
Speaking at a judicial conference in Hershey, Pennsylvania on Wednesday, Roberts addressed widespread misconceptions about the Court’s function. “I think, at a very basic level, people think we’re making policy decisions, we’re saying we think this is how things should be, as opposed to what the law provides,” Roberts said. “I think they view us as purely political actors, which I don’t think is an accurate understanding of what we do.”
The Chief Justice’s remarks come amid ongoing criticism of the Court’s conservative majority, which has made several landmark rulings in recent years. The Court’s 6-3 conservative makeup, solidified during former President Donald Trump’s administration with the appointments of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, has faced intense scrutiny from political opponents.
Recent controversial decisions, including those on race-based gerrymandering under the Voting Rights Act, expansion of gun rights, and the 2022 Dobbs decision that overturned the constitutional right to abortion, have fueled perceptions of a politically motivated Court. Public confidence in the Supreme Court dropped to a low of 40% following the Dobbs ruling, reflecting how public perception often aligns with political views despite the unchanging text of the Constitution.
Roberts pushed back against this narrative, insisting that justices base their decisions on legal interpretation rather than personal preferences. “The rulings are based on our best effort to figure out what the Constitution means and how it applies” to existing law, he explained.
While acknowledging that criticism of the Court is acceptable and even beneficial in a democracy, Roberts drew a distinction between critiquing opinions and attacking judges personally. “I think considered criticism is a very good thing,” he said. “You hope it’s intelligent criticism, but it doesn’t have to be. It’s a free country and I certainly don’t object to it, and I don’t think my colleagues do either.”
However, he warned that rhetoric that crosses from legal criticism to personal attacks can lead to dangerous situations. This concern is not theoretical — in June 2022, an armed suspect was arrested outside Justice Kavanaugh’s home in what was later confirmed as an attempted assassination. The suspect, Nicholas John Roske, pleaded guilty and was sentenced to over eight years in prison with lifetime supervised release.
“There’s a lot of hostility that’s publicized about judicial decisions and which judge wrote those decisions,” Roberts cautioned. “I think we have to be a little more careful and make sure people, to the extent you can, are more careful about that.”
The Chief Justice also emphasized the importance of judicial independence and the Court’s responsibility to make difficult, sometimes unpopular decisions based on their interpretation of the law. “We’re not simply part of the political process, and there’s a reason for that, and I’m not sure people grasp that as much as is appropriate,” Roberts noted. “One thing we have to do is make decisions that are unpopular.”
Roberts also addressed the issue of precedent, suggesting that cavalier overruling of established case law could undermine the entire judicial system. “If you do it cavalierly, overrule precedent just because you think it’s wrong, then the whole system begins to suffer,” he stated.
As the Court continues its work under intense public scrutiny, speculation has emerged about potential retirements among its longest-serving members. Justices Clarence Thomas and Samuel Alito, due to their advanced ages, face questions about possible retirement before the midterm elections or 2028, when changes in congressional or White House control could affect the Court’s ideological balance.
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7 Comments
An interesting perspective from the Chief Justice on the Court’s role. While the public may view the Court as political, the Justices see their role as interpreting the law rather than making policy decisions. It’s a nuanced distinction that’s worth understanding.
I agree, the public often misunderstands the Court’s purpose. Interpreting the law objectively is a complex and important function, even if it doesn’t always align with political preferences.
The Chief Justice’s remarks highlight the delicate balance the Court must strike between upholding the rule of law and avoiding the perception of partisanship. Maintaining public trust in the judiciary is crucial, even as its rulings become more politically charged.
You’re right, the Court walks a fine line. Their duty is to interpret the Constitution, not to legislate from the bench. Clear communication about their role is important, especially during divisive times.
The Supreme Court plays a vital but often misunderstood role in our democracy. While its rulings can have major policy implications, the Justices see their job as faithfully applying the law, not making political choices. It’s a nuanced distinction worth grappling with.
The Supreme Court’s role is to interpret the law, not to create policy. While this may seem like a fine distinction to some, it’s a crucial part of the Court’s function in our system of government. Recognizing this is important for understanding the institution’s purpose.
Chief Justice Roberts’ comments underscore the challenging position the Supreme Court occupies. As the arbiter of the Constitution, the Court must make difficult decisions that inevitably have political ramifications. Maintaining public confidence in the Court’s impartiality is critical.