“The court has always decided controversial cases and decisions have always been subject to intense criticism, and that’s absolutely right,” Roberts told a gathering of judges and lawyers in Colorado Springs. But he said disagreement with the court’s role in deciding what the law is has turned into criticism of its legality. “You don’t want the political branches telling you what the law is. And you don’t want public opinion to be the guide as to what the appropriate decision is,” said Roberts, who added with a laugh, “Yes, all of our opinions are open to criticism. In fact, our members do a pretty good job of criticizing some views from time to time. But simply because people disagree with an opinion is no basis for criticizing the legitimacy of the court.” Backed by three justices picked by President Donald Trump over the past five years, the Supreme Court now has a conservative 6-to-3 majority. Those justices sent the court on a dramatic swing to the right during terms that ended this summer, overturning guaranteeing the constitutional right to abortion Roe v. Wadeenacting gun control legislation in New York, limiting the Biden administration’s power to address climate change, and scoring victories for religious conservatives. Supreme Court conservatives spark new era with sweep and speed The court’s approval rating has fallen to one of its lowest levels ever in polls, led by unhappy Democrats and, to a lesser extent, those who consider themselves independents. But Roberts said it’s the Supreme Court’s job to decide what the law is. “That role doesn’t change simply because people disagree with this or that opinion or a certain way of jurisprudence,” he said. Without speaking directly about the court’s decision to overturn nearly 50 years of precedent in the strike RoeRoberts acknowledged the difficulty of the past year. “It was scary every morning driving into a Supreme Court with barricades around it,” Roberts said. And it was “abnormal” for oral arguments to be held via video conference or in front of a small number of court staff and journalists. The court has been closed to the public since March 2020 due to pandemic concerns. “When we go to the bench on the first Monday in October at 10 a.m., the public will be there to watch us,” Roberts said. “I think moving on from things that were unfortunate is the best way to respond to that.” Roberts was interviewed by two fellow judges at the Bench & Bar Conference of the US Court of Appeals for the 10th Circuit. He wasn’t asked about one of the things that made the term so controversial: a leaked draft of the Supreme Court’s opinion on abortion in Dobbs v. Jackson Women’s Health Organization. Roberts opens research on Supreme Court decision link on abortion The leak of the draft opinion by Justice Samuel A. Alito Jr. shocked the court, which prides itself on keeping internal deliberations secret. In May, Roberts ordered an investigation into the Politico leak, but has not said anything publicly about it since. Earlier at the same conference in Colorado Springs, Judge Neil M. Gorsuch said the internal investigation was continuing and that he hoped a report would come soon. He did not say whether it would be made public. “Improper attempts to influence judicial decision-making, by any side, by anyone, threaten the judicial decision-making process and impede our ability to communicate with each other,” Gorsuch said. The draft leaked to Politico was essentially the same as the majority opinion that upheld Mississippi’s law. Gorsuch was among the five justices who voted for the reversal Roe. Roberts said he would have supported the Mississippi law, but not overturned it Roeall three liberals on the court disagreed. The decision led to protests outside the homes of the justices, notably Roberts and Justice Brett M. Kavanaugh, who live near each other in suburban Maryland. Karlik reported from Colorado Springs.
