After a summer march outside the Supreme Court and physical threats against its members, Supreme Court Chief Justice John Roberts thanked Congress on Saturday for strengthening judicial security.
But Roberts’ annual report is notable for what he didn’t mention: Court insiders over public leak of draft opinion in controversial abortion ruling nullifying Roe v. Wade Updates on research.
A final 5-4 ruling in June overturned a nationwide constitutional right, sparked weeks of angry protests and an eight-foot-tall expansion barrier surrounding the courthouse. A possible metal fence and increased 24-hour security at the judge’s home have been implemented.
An armed California man was arrested outside the home of Judge Brett Kavanaugh in Maryland in June and charged with attempted assassination of a member of the Supreme Court. He said he was angry that a draft opinion was leaked that would dramatically bring it back to the state.
Crowds outside the Supreme Court reacting to Dobbs’ ruling.
(Joshua Cummins/Fox News)
In a federal judicial summary, Roberts pointed to the 65th anniversary of a riot outside Little Rock Central High School in Arkansas, following a plan to quarantine public schools.
“While the law requires all judges to swear to perform their duties without fear or favor, we must assist them by ensuring their safety. No. The justice system cannot and should not live in fear,” Roberts wrote. “Little Rock teaches us the importance of the rule of law, not the rule of the mob.”
In recent weeks, Congress has passed legislation to increase security and privacy protections for federal judges and their families.
The law is named after Daniel Andel, son of federal judge Esther Salas. The 20-year-old was shot dead in his New Jersey home in 2020 with the intention of attacking a judge by a disgruntled former litigant who found his family’s address online.
“I want to thank the members of Congress who are taking care of our judicial security needs. These programs and their funding are essential to keeping our court system running,” Roberts said.
As U.S. Attorney General, the U.S. Chief Justice has orchestrated a dramatic year on the Supreme Court, 107 district courts and courts of appeals nationwide.
Other than addressing security concerns in general terms, Roberts did not address the controversy surrounding abortion rulings or the decline in public confidence in the courts themselves.
A Fox News poll in September found that 42% of those polled approved of the Supreme Court’s work, while a majority of 52% disapproved. Just five years ago, the numbers were reversed, with 58% in favor and 31% against.
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And when it comes to the controversial abortion ruling, our poll found that only 32% supported a ruling overturning Roe v. Wade, while 63% opposed it. I was. And 57% always or most of the time support legalizing abortion.
Many progressives see the current court as too political, especially after former President Trump appointed three judges in one term, and the court has a 6-to-3 conservative majority. leaning toward
Elizabeth Widla, director of the Center for Constitutional Responsibility, said: “Chairman Roberts has expressed concerns about the institutional standing of the courts, and as a chairman, this is very concerning.” “I think it’s a Dobbs leak [abortion] The opinion caused infighting in the courts. The content of the decision caused conflict among millions of Americans, especially women. I’m watching the court that received the ”
Police officers patrol in front of the US Supreme Court in Washington DC
(Emily Erkonin/Bloomberg via Getty Images)
Questions about the “legitimacy” of the courts also extend to the judges themselves.
“When the court becomes an extension of the political process, when people see it as an extension of the political process, when people see it as trying to impose their individual preferences on society regardless of the law, that’s when it’s problematic – And that’s when there’s a problem. It should be a problem,” Justice Elena Kagan said at a recent legal conference. “It would be dangerous for democracy if, over time, the courts would lose all contact with the public and public opinion.”
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leaky state
Who leaked the draft abortion ruling opinion remains a mystery.
A day after the leak was made public by Politico in May, the Chief Justice of the Supreme Court appointed an internal committee headed by Marshal Gail Curley to oversee the investigation.
Judge Neil Gorsuch said in September that he expected the report to be made public “soon,” but the court has not publicly identified the leaker and has not released an update.
Multiple sources previously told Fox News that the investigation had been narrowed down to about 70 people in the court who may have had access to the draft opinion. It was directed to about 30 legal officers who dealt with the case directly.
However, court sources say the leak disrupted the internal dynamics among the nine judges. The nine judges rely on discretion and a certain level of secrecy in their personal deliberations to carry out their duties without outside influence.
Thomas Dupree, who served as Assistant Attorney General in the Bush 43 administration, said: “I think it was a breach of trust. It was clearly a breach of integrity. And I think it will take a long time to heal from that leak.”
On June 30, 2022, Justice Jackson took the oath of office as the 104th Associate Justice of the United States Supreme Court.
(U.S. Supreme Court collection via Getty Images)
newcomer in the court
In 2022, it was also confirmed that Justice Ketanji Brown-Jackson will make history as the first black female member of the court.
She wastes little time putting her imprint on the bench. A survey of oral arguments since October found that Jackson was the most willing to question defense counsel in public sessions, sometimes challenging the conservative positions held by the defense counsel for a long time.
In perhaps the most notable fascination with the term, affirmative action challenges to race-conscious college admissions policies, Jackson wrote in October that minority applicants would be ineligible for the entrance exams many schools require. I was concerned about the consequences of being forbidden to talk about race.
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“I worry that there will be an unfairness in the system when it comes to being able to express one’s identity and, importantly, assessing the university as it considers its goal of inclusiveness. I have.”
Jackson, 52, is one of 99 life judicial appointments by President Biden.
And Biden, who has made nominating judges a political priority, will have to fill 83 vacancies in the new year, likely backed by the Democratic-controlled Senate.
The president hopes his choices will pay off in the long run, and believes judges who share his ideology will help advance his broader legislative and administrative agenda.
Lieutenant Justice Ketanji Brown Jackson stands with members of the Supreme Court posing for a new group photo after she was added at the Supreme Court Building in Washington, Oct. 7, 2022.
(AP Photo/J. Scott Applewhite, File)
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think ahead
In the short term, the Supreme Court will maintain a 6-3 conservative majority.
Judgments on hot button topics are expected in the coming months, including:
- Affirmative action and whether universities can continue to consider race when using separate admissions criteria
- Freedom of Speech and Discrimination in the Workplace, and Whether Business Owners Can Deny Service to LGBTQ+ Customers Based on Religious Freedom Claims
- Reorganization of electorate districts, and state legislative discretion to set boundaries for legislative elections
- Immigration, and the ability of Republican-led states to insist on maintaining Title 42 policies restricting asylum claims for immigrants trying to enter along the southern border
- And challenge Biden’s student loan forgiveness program that provided debt relief to borrowers affected by the COVID-19 pandemic
All these pending issues, internal leak investigations, and questions about the court’s public standings challenge nine judges, especially the Chief Justice, who have long sought to maintain the judiciary’s reputation as free from partisan politics. Will try.
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His year-end report may have shrewdly sidestepped the tough questions, but remarks Roberts made in September revealed his growing concern.
“If the courts don’t maintain their rightful function, I don’t know who will take over the mantle. We don’t want the political sector telling us what the law is, it’s a guide to what the right decisions are.” said Roberts. “The simple reason that people disagree is no reason to question the legitimacy of a court.”
