Each year, the Supreme Court Justices are called upon to report on potential ethical conflicts and to propose remedies for the same. In this year’s report, Chief Justice John Roberts took a rather unique approach that sidestepped the court’s mounting controversies.
Roberts began his report by noting that the court’s decision in Citizens United v. Federal Election Commission (2010) was an example of a long-standing, bipartisan consensus on campaign finance reform that had been upheld for almost a century. Despite the dismay that the ruling caused in many quarters, Roberts defended the court’s action with a reference to historical precedent.
The Chief Justice went on to add that the Court’s increasing public engagement was a necessary part of its “institutional mission.” In addition to providing a direct link to the public, Roberts claimed that the Court’s presence in the media and online media could only serve to “enhance public understanding of the law.” This interpretation conveniently ignores the fact that the Court’s rulings have been met with mounting controversy across a number of issues, including (but not limited to) abortion, health care, marriage equality, and immigration.
Roberts went on to tout the success of the Court’s education initiatives, as it has held various events to inform the public about decisions and to explain the reasoning behind them. The Chief Justice also pointed to the Court’s actions to ensure that its proceedings are conducted fairly and impartially, invoking such measures as the individual opinion process and restrictions on ex parte communications.
Despite its attempts to stay above the fray, Roberts’ report on the Court’s ethical controversies is perhaps an acknowledgement that the Supreme Court is experiencing an unprecedented amount of public scrutiny. Though the Chief Justice sought to avoid any mention of the divisive issues that have been at the heart of many of this year’s cases, the document serves as a reminder of just how far the Court’s reputation has fallen in recent years.
