Chief Justice Roberts: Supreme Court Justices Are Not Political Actors
Chief Justice John Roberts told a conference of judges and lawyers that Supreme Court justices decide cases based on the law rather than policy preferences. His remarks came amid low public confidence in the court and recent criticism from President Trump. Justice Neil Gorsuch separately defended the court's decision-making process and urged Americans to take self-governance seriously.
Diliff / Wikimedia (CC BY-SA 3.0)Chief Justice John Roberts said Supreme Court justices are not "political actors" and that unpopular decisions are based solely on what the law provides. Circuit in Hershey, Pennsylvania, Roberts pushed back against the view that the court makes policy rather than interprets the Constitution.
"I think they view us as purely political actors, which I don't think is an accurate understanding of what we do," he said. The comments come at a time of low public confidence in the court. About a week earlier the court struck down a majority-Black congressional district in Louisiana, finding it was an unconstitutional gerrymander based on race.
The decision weakened a key provision of the Voting Rights Act and could lead to more redistricting that affects House control. In recent years the court has also overturned the constitutional right to abortion, expanded gun rights and ended race-conscious admissions in higher education.
" "One thing we have to do is make decisions that are unpopular," he added. He said criticism should focus on the rulings themselves rather than personal attacks on justices or judges. Roberts condemned the targeting of lower-court judges, repeating a warning he has made amid rising threats to the judiciary.
"That's not appropriate and it can lead to very serious problems," he said. High-profile personal criticism of judges has come from President Trump, who has also targeted Roberts and other justices who ruled against him on tariffs imposed under an emergency-powers law.
of Cases Justice Neil
Gorsuch told an interviewer that the Supreme Court is "doing pretty darn well" in handling the hardest cases in the country. He noted the nine justices reach unanimous agreement about 40 percent of the time. " Gorsuch pointed to his own voting record allying at times with liberal justices on criminal justice matters while differing from some conservative colleagues.
He described the court as a model of respectful and principled adjudication even as public approval ratings have reached new lows. The justice also addressed threats against the judiciary and recent leaks from the court. He said he is determined to remain independent and fearless in response to attacks by President Trump suggesting that justices owe loyalty to the president who appointed them.
"My loyalty is the Constitution and laws of the United States," Gorsuch stated. He spoke out on how high-profile leaks and heated discourse threaten federal judicial independence.
In a separate appearance at the Ronald Reagan Presidential Foundation and Institute, Gorsuch urged Americans to take self-governance seriously ahead of the nation's 250th birthday. "We have to take ownership," he said, warning that failing to do so risks losing the country.
He described the United States as "a very tolerant project" centered on the idea that individuals have the right to make their own way and pursue happiness. Gorsuch pointed to the Bill of Rights as the starting place for determining what government may not touch, while leaving open questions about unenumerated rights retained by the people.
The remarks come after the court in 2023 ended race-conscious admissions in higher education.
“I think we do pretty darn well.”
“I think they view us as purely political actors, which I don't think is an accurate understanding of what we do.”
Key Facts
Story Timeline
6 events- May 7, 8:03 AM ET
1 new source added: CBS News
1 sourceCBS News - May 2026
Chief Justice Roberts tells conference Supreme Court justices are not political actors.
2 sourcesAP · CBSNews - May 2026
Justice Gorsuch says court reaches unanimous decisions 40 percent of the time.
2 sourcesReason · CBSNews - Tuesday
Gorsuch speaks at Ronald Reagan Institute urging self-governance ahead of nation's 250th birthday.
1 sourceThe Federalist - Recent
Supreme Court strikes down majority-Black Louisiana congressional district.
1 sourceAP - 2023
Supreme Court ends race-conscious admissions in higher education.
2 sourcesThe New York Times · Reason
Potential Impact
- 01
Public confidence in the Supreme Court remains near historic lows.
- 02
Medical schools adjust admissions practices following 2023 affirmative action decision.
- 03
Further challenges to majority-Black districts become more likely after Louisiana ruling.
- 04
Personal criticism of judges continues from President Trump and others.
Transparency Panel
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