Has John Roberts Been Living Under a Rock?
The Supreme Court chief justice’s claim about the federal courts shows how out of touch he is.
Supreme Court Chief Justice John Roberts echoed Donald Trump while hitting back at critics who’ve suggested that federal judges may have political biases.
In his 2024 Year End report on the federal judiciary, published Tuesday, Roberts conflated violence and intimidation with genuine criticism of the courts’ decisions. He listed suggestions of political bias among doxxing and disinformation as some of the “illegitimate activity” that threatens independent judges.
“Public officials, too, regrettably have engaged in recent attempts to intimidate judges—for example, suggesting political bias in the judge’s adverse rulings without a credible basis for such allegations,” Roberts wrote.
“Within the past year we have also seen the need for state and federal bar associations to come to the defense of a federal district judge whose decisions in a high-profile case prompted an elected official to call for her impeachment,” Roberts continued, likely referring to Judge Aileen Cannon, the Trump appointee who tossed out the classified documents case against the president-elect last year.
At every turn of that case, Cannon slowed proceedings, and ultimately defied precedent. Her shocking final decision resulted in the dissolution of charges against a political candidate who then reportedly put her on the short list for attorney general (he would later find even worse candidates).
“Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed,” Roberts continued. “Public officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others.”
Last year, Trump was so persistent in “suggesting” that New York state Supreme Court Justice Juan Merchan, who oversaw his hush-money trial, and his family were politically biased that he was landed with a hefty gag order. This, however, earned no mention from Roberts, but probably only because it had to do with a state case, not a federal one. No other reason.
Roberts’s remarks echo those of Trump, who, impossibly, complained about publicly criticizing judges and has suggested it should be illegal to do so.
“They play the ref, they start screaming about ‘The judge is no good,’ and ‘This one’s no good,’ and ‘They’re slow’ and ‘They’re lousy judges’ and ‘The judge should be impeached,’ and all of this crap, when you have a brilliant judge that’s doing the right thing,” Trump ranted during an 11th Hour Faith Leaders Meeting in Concord, North Carolina, in October.
“I really believe it’s illegal what they do, and I know there’s some great lawyers in there who are gonna look at it, because what they do is so obvious, what they’ve done to the Supreme Court, even with the protection of their houses, you’re not supposed to be allowed to march in front. They didn’t stop it,” he continued.
Trump has also claimed that judges would often “give a bad ruling” in an attempt to silence critics, but unsurprisingly gave no evidence to support that claim.
In any case, it’s difficult to imagine how Roberts, terrified of suggestions of political bias, will weather the coming four years under Trump, who intends to utilize the highest court in the land to make sweeping changes to the schema of rights and continue to deregulate the federal government. Trump will likely get away with everything he wants—in many such cases, he already has.
Last year, Roberts found himself behind the steering wheel of the most conservative court in a century for the decision in Trump’s presidential immunity case. The Supreme Court’s ruling in that case single-handedly opened the door for Trump’s return to the White House and cemented this court’s conservative lean for decades to come.