Supreme Court Chief Justice: Critique Our Rulings, Not Our Justices

Chief Justice John Roberts said the court has ’made mistakes’ but that criticisms shouldn’t be based on ‘ad hominem’ attacks.

Chief Justice John Roberts attends the State of the Union address in the House Chamber of the U.S. Capitol in Washington on Feb. 7, 2023. Jacquelyn Martin/Pool/Getty Images

The U.S. Supreme Court’s chief justice on Monday told an event that criticism of the court should be relegated to its decisions and not the nine justices themselves.

While speaking at Washington’s Georgetown University, Chief Justice John Roberts said that the Supreme Court “has obviously made mistakes throughout its history, and those should be criticized, so long as it is in terms of the decision.”

Roberts said that criticism of the highest court should not be based on “ad hominem” arguments or attacks “against the justices” themselves, referring to the logical fallacy where an argument is dismissed based on the character or background of the individual making that claim.

“I just think that doesn’t do any good. The harshest critics are usually colleagues, if it’s the sort of thing where there are dissents. So it’s something we’re used to,” he continued. “And again, it’s a good thing. We’re not immune from any criticism. And there are many, many instances in our history where it’s been effective over time in leading to a better result.”

The comment from Roberts marks the third time in nearly as many months in response to criticism about the Supreme Court.

In a rare written statement in March, Roberts appeared to respond to President Donald Trump’s public suggestion to impeach a federal judge who had blocked his administration’s deportations of accused Venezuelan gang members under the Alien Enemies Act.

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said in a statement provided to The Epoch Times at the time. “The normal appellate review process exists for that purpose.”

Following U.S. District Judge James Boasberg’s initial ruling against the administration’s use of the 1798 law to deport accused gang members, Trump wrote that the judge wasn’t elected as president.

A senior adviser to Trump, tech billionaire Elon Musk, also commented on the judge’s stymying the administration’s agenda. In a post on Feb. 25, Musk wrote that the only way to allow the agenda to move forward is to “impeach judges,” responding to an article that said El Salvador’s president did the same starting in 2021.

Trump hasn’t been critical of the Supreme Court and has indicated that he will follow orders from any court. Since the start of his administration, numerous lawsuits have been filed against his administration, particularly in relation to his immigration enforcement, spending cuts, and efforts to downsize and reshape the federal government.

And last week, Roberts said during an event in Buffalo, New York, that the judiciary needs to maintain its independence in order to check executive or congressional power.

The judicial branch’s independence is “the only real political-science innovation in our Constitution,” Roberts said. Elaborating, he said that “in our Constitution … the judiciary is a co-equal branch of government, separate from the others, with the authority to interpret the Constitution as law and strike down … acts of Congress or acts of the president.”

“And that innovation doesn’t work if … the judiciary is not independent. Its job is to … check the excesses of Congress or of the executive, and that does require a degree of independence,” he said.

In his recent remarks and written statement, Roberts did not mention Trump, nor did he mention any other elected official.