General Discussion

Supreme Court Chief Justice John Roberts is clearly aware of public perceptions related to the high court, though he apparently wants Americans to see him and fellow justices as above the political fray. The Associated Press reported on his latest public remarks:

“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,” he said. “I think they view us as purely political actors, which I don’t think is an accurate understanding of what we do.”

His remarks to a conference of judges and lawyers from the 3rd U.S. Circuit in Pennsylvania came at a time of low public confidence in the court, and about a week after the court handed down a decision that hollowed out the Voting Rights Act.

As part of the same remarks, Roberts went on to argue that sitting justices are not “part of the political process … and I’m not sure people grasp that as much as is appropriate.”.....

Why does the public see the justices, as Roberts put it, as “political actors”? It might have something to do with far-right justices issuing regressive and reactionary rulings. And far-right justices getting caught up in indefensible ethics controversies. And far-right justices elevating the presidency above the law.

But I suspect one of the main reasons so many people see justices as “political actors” is the frequency with which they act like political actors. Right around the same time that the public was learning about Roberts’ remarks, Justice Neil Gorsuch, who has a track record of chatting with conservative media personalities, appeared on a conservative podcast, talking about his belief that “young conservatives must have courage to stand by their beliefs.”....

Democratic Sen. Chris Murphy of Connecticut argued five years ago, “Judges turning into political actors, giving speeches attacking journalists, is terrible for the court and terrible for democracy.” Justices proceeded to ignore the warning.

The tarnishing of the Supreme Court — its credibility, its integrity and its reputation — has unfolded episodically over the course of several years. If Roberts and his brethren want to whine about public reactions to their work, that’s their right, but if they want to help restore the institution’s standing, they have an enormous amount of work to do. To date, they have shown no willingness whatsoever to even acknowledge the causes of the Supreme Court’s problems, much less take steps to address what ails it.