Quote:Chief Justice John G. Roberts Jr., who only very rarely responds to criticism of federal judges, issued a statement on Wednesday denouncing remarks made by Senator Chuck Schumer of New York, the Democratic leader, at a rally outside the Supreme Court.
Mr. Schumer, speaking while the court heard arguments in a major abortion case, attacked President Trump’s two Supreme Court appointees, Justices Neil M. Gorsuch and Brett M. Kavanaugh. “You have released the whirlwind, and you will pay the price,” Mr. Schumer said. “You will not know what hit you if you go forward with these awful decisions.”
Chief Justice Roberts condemned Mr. Schumer’s remarks.
Quote:“Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous,” he said in a statement. “All members of the court will continue to do their job, without fear or favor, from whatever quarter.”
NYT
Two key points:
First, Roberts has been almost entirely silent through all but one (I believe) of the instances where Trump has attacked the judiciary and in a manner far more personal and dangerous than what Schumer did.
Second, as Chris Hayes has pointed out, Schumer is quoting Kavanaugh at his confirmation hearing. Of the Democrats reckless acts, he warned:
Quote:“You sowed the wind. For decades to come, I fear that the whole country will reap the whirlwinds.”
Roberts can be hard to figure out. Though many hoped and hope now that he will be drawn towards less extreme positions, he only seldom is. The number of 5 -4 decisions on very important issues is remarkably high. "Calling balls and strikes", the metaphor he used in his confirmation hearing is difficult to square with how he has voted. He is very well aware that he is among ideological conservatives deeply connected to the Federalist Society. He also is very well aware that McConnell blocked Obama judicial appointments wherever he could but then, as Trump came to office, McConnell stripped away the "blue slip" process Republicans had used to block Obama's picks and did that explicitly to appoint Federalist recommended justices.
So why does Roberts speak up now, in this isolated instance? Pardon my cynicism but it is nearly impossible to avoid a conclusion that Roberts personally believes that the conservative vision of justice and the courts is the only legitimate vision. And to be even more cynical, which I am, I think he understands that another Trump term will inevitably mean a SC with 2 more conservative replacing 2 retiring liberal justices, thereby producing a court which will be unstoppable in rejiggering American politics for a half century ahead. And that will mean, with near certainty, the stripping away of hundreds/thousands of protections citizens have against the depredations of civil rights, human rights, protections on pollution, voting rights, women's right to abortion, etc etc etc.
The conservative vision and goals are very very close to fruition. I think Roberts knows this. I think he is on board with this. And I think he, like many other conservatives, is acting to protect Trump (who I'm utterly certain despises) to bring this about.