‘We’re not part of the political process’: Chief Justice John Roberts pushes back on SCOTUS criticism

WASHINGTON, DC: Chief Justice John Roberts publicly defended the independence of the Supreme Court amid increasing criticism that the institution has become more political following a series of divisive rulings on abortion, presidential immunity, voting rights, and gun laws.

At a judicial conference, Roberts said the justices are not “political actors” and brushed aside mounting claims that the court is an arm of partisan politics.

Supreme Court faces backlash over major rulings

Much of the criticism directed at the court stems from several landmark rulings issued by its conservative majority in recent years.

Roberts acknowledged that criticism of the judiciary is not new but suggested the current environment has become increasingly polarized (Getty Images)

One of the most controversial was the 2022 decision that overturned Roe vs Wade. That ruling ended the federal constitutional right to abortion and gave states the power to decide abortion laws.

The decision sparked protests across the country, as well as legal battles and political campaigns focused on reproductive rights.

The court also drew criticism for its ruling that presidents have broad immunity from prosecution over official acts while in office, a decision linked to cases involving President Donald Trump.

Critics said the decision expanded executive power and raised questions about accountability, while supporters argued it protected the functioning of the presidency.

The court has also weakened the landmark Voting Rights Act of 1965 in several cases, including a ruling last week that sparked outrage and disappointment on the left.

Recent rulings weakening parts of the Voting Rights Act of 1965 raised concerns among civil rights groups and Democratic lawmakers, who argued the decisions made it easier for states to redraw districts in ways that could reduce minority representation.

Editorials and legal analysts have said the court’s decisions have gradually narrowed federal protections for voters.

John Roberts rejects claims Supreme Court is political

Speaking at a conference for lawyers and judges in Hershey, Roberts said the Supreme Court is required to make decisions that are not popular and lamented the lack of public understanding about how the court operates.

“I think at a very basic level, people think we’re making policy decisions, [that] we’re saying we think this is what things should be as opposed to this is what the law provides,” Roberts said.

“I think they view us as truly political actors, which I don’t think is an accurate understanding of what we do. I would say that’s the main difficulty.”

While he conceded that people have a right to criticize the court and its decisions, he added that there is a tendency to focus too heavily on politics.

“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 said.

“One of the things we have to do is issue decisions that are unpopular,” he said. 

Those rulings, he added, are “based on our best effort to figure out what the Constitution means and how it applies.”

At a time of rising security threats against judges, Roberts repeated his concern that criticism of the judiciary should be limited to the substance of decisions rather than directed at judges personally.

“As soon as that happens, that’s not appropriate, and it can lead to very serious problems,” he said.

Roberts is a member of the court’s 6-3 conservative majority, which has shifted federal law to the right on several major issues in recent years, including abortion and gun rights.