US chief justice John Roberts warned Tuesday that judicial independence is facing threats from intimidation, misinformation, and the potential defiance of court orders by public officials. In his yearly report on the federal judiciary, Roberts expressed these concerns following a year of intense political division and scrutiny of the courts.
Roberts stressed the importance of respecting court decisions, even unpopular ones.He cited the historic Brown v Board of Education case, stressing the need for enforcement even when faced with resistance. “It is not in the nature of judicial work to make everyone happy,” Roberts wrote.
The chief justice criticised officials who suggest disregarding court rulings, saying such actions undermine the rule of law. He also condemned attempts to intimidate judges, noting a rise in threats against them. “Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed,” he said.
Roberts acknowledged the right to criticise court decisions but cautioned that such statements could incite dangerous reactions. He pointed to the killings of state court judges in Wisconsin and Maryland as examples of escalating violence. “Violence, intimidation, and defiance directed at judges because of their work undermine our Republic, and are wholly unacceptable,” he wrote.
The chief justice also addressed the spread of misinformation about court rulings, particularly on social media, warning it could be exploited to deepen divisions.
Trump and Biden’s criticism of judiciary
Donald Trump had earlier assailed the integrity of judges who ruled against him in cases tied to criminal charges, which he denied. Trump ultimately secured victory in the presidential race after a pivotal Supreme Court decision, authored by Roberts, granted him immunity. Another ruling from the high court blocked efforts to disqualify Trump from the ballot, clearing his path to the presidency.
Democrats, including President Joe Biden, had criticised the immunity decision. Biden subsequently called for judicial reforms, including term limits and a mandatory ethics code, citing concerns about justices accepting undisclosed gifts and trips from wealthy donors.
Roberts and Trump have a history of disagreements, including a 2018 incident when the Chief Justice condemned Trump’s remarks about an “Obama judge” who had blocked his asylum policy. In 2020, Roberts also criticized Senate Democratic leader Chuck Schumer for comments made during deliberations on a prominent abortion case.
Roberts did not name any specific individuals or political parties in his report. This report comes as public confidence in the judicial system has reached a record low, according to recent polls.