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Chief Justice John Roberts: Violence Threatens Court Independence

Chief Justice Roberts warns of threats to judiciary independence, citing rising hostility, disinformation, and political pressure against courts.

Chief Justice John Roberts: Violence Threatens Court Independence
© EVELYN HOCKSTEIN, REUTERS
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In a year-end report, Chief Justice John Roberts raised some serious concerns about the state of America’s federal courts. He warned that the independence of the judiciary is being threatened by a wave of hostile threats, disinformation, and even calls to ignore court rulings.

Roberts shared his worries at a time when the Supreme Court has been at the center of public debate, especially following controversial decisions, like those involving President Trump and other high-profile cases. The court, meanwhile, continues to face low approval ratings—more Americans have disapproved of its handling of cases than approved since September 2021, according to Gallup.

Building on a point made by former Chief Justice William Rehnquist back in 2004, Roberts noted that criticism of judges has only intensified. But he stressed that not all criticism is healthy or “informed”—some of it is just plain hostile.

The numbers are worrying. According to the U.S. Marshals Service, the threats against federal judges have more than tripled in the last decade. Over the past five years, there have been more than 1,000 serious threats against judges, and around 50 individuals have been criminally charged.

One of those threats even involved Justice Amy Coney Barrett, who revealed this year that she had been wearing a bulletproof vest for her safety, though she didn’t go into detail about why.

Roberts also called out the dangerous trend of publicizing judges’ personal information, like their home addresses and phone numbers, which puts them at even greater risk of harassment.

A scary example came in June 2022, when a man was arrested near Justice Brett Kavanaugh’s home with a gun and knife, allegedly planning to harm him.

But it’s not just personal attacks that are concerning. Roberts also spoke out against public officials who try to intimidate judges by implying that the court’s decisions are politically biased. Of course, everyone has the right to criticize, but when politicians make intense or inflammatory remarks, they risk encouraging others to act in harmful ways.

What’s worse, Roberts pointed out that there have been increasing calls from elected officials—from both political parties—hinting that they might not follow court rulings if they don’t like them. While Roberts didn’t point to specific examples, the fear is clear: a breakdown of respect for court decisions could have dangerous consequences for the rule of law.

This issue is being fueled, in part, by some Democrats who are calling for changes to the Supreme Court. Some want to set term limits for justices, fearing the court’s conservative majority. President Joe Biden even said earlier this year that “extremism” is undermining public trust in the Court.

While Roberts didn’t address calls for reform in his report, he did remind Americans of the founding principle of an independent judiciary. He even brought up how King George III once tried to strip judges of their lifetime appointments—something the American colonists strongly resisted. Roberts stressed that this independence is one of the cornerstones of our democracy, and it’s crucial we protect it.

“I urge all Americans,” he concluded, “to appreciate this inheritance from our founding generation and cherish its endurance.”

In short, Roberts’ message is clear: the courts need respect, and any attack on their independence is an attack on the very foundation of American democracy.

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