Roberts Says Critics Misunderstand Supreme Court's Role in Interpreting Law

Chief Justice John Roberts said political critics of Supreme Court decisions fundamentally misunderstand the court's role. The court interprets the law, it does not make it, he told a judicial conference in Hershey, Pennsylvania.

"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 Wednesday night. "I think they view us as purely political actors, which I don’t think is an accurate understanding of what we do."

A recent decision on the unconstitutionality of race-based gerrymandering under the Voting Rights Act has renewed criticism of the court's political makeup. Three conservative justices, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, joined the bench under President Donald Trump in his first term, creating a 6-3 majority of Republican appointees.

Justices base decisions on the law and readings of the Constitution, not personal policy views, Roberts told the conference of judges and lawyers from the 3rd U.S. Circuit Court of Appeals in Pennsylvania.

"I think considered criticism is a very good thing," Roberts 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."

The Supreme Court has expanded gun rights and overturned the constitutional right to abortion in recent years. Public confidence hit 40 percent after the 2022 Dobbs v. Jackson Women's Health Organization abortion ruling.

The rulings come from the court's best effort to determine what the Constitution means and how it applies to existing law, Roberts said.

"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," he said. He added that the court must issue unpopular decisions.

"On the other hand, there is a point where it changes from criticism of the opinion to criticism of the judge and it can lead to some very serious problems," Roberts said.

Heated political rhetoric can endanger judges, especially if fueled by violent groups. In June 2022, Nicholas John Roske was arrested outside Kavanaugh's home armed with a gun. Roske pleaded guilty to attempted assassination and received 97 months in prison plus lifetime supervised release.

"There’s a lot of hostility that’s publicized about judicial decisions and which judge wrote those decisions," Roberts said. "I think we have to be a little more careful and make sure people, to the extent you can, are more careful about that."

Judges who yield to public political pressure would harm the system, Roberts said. "If you do it cavalierly, overrule precedent just because you think it’s wrong, then the whole system begins to suffer," he said.

The advanced ages of Justices Clarence Thomas and Samuel Alito have sparked retirement speculation, either before the midterms or 2028, when shifts in Congress or the White House could alter the court's conservative majority.