Justices on the Supreme Court have been more vocal in recent years than they have in prior decades, speaking out about the court amid rising …
Justices on the Supreme Court have been more vocal in recent years than they have in prior decades, speaking out about the court amid rising partisan discord. But court watchers are split on whether the justices should continue to bow to pressure and weigh in on the political quarrels sparked by their rulings. From Chief Justice John G. Roberts Jr. rebuking former President Trump ‘s characterization of “Obama judges” in 2018 to his comment last month denying he had issued a mask mandate amid reports Justice Sonia Sotomayor was frustrated with Justice Neil M. Gorsuch for not wearing one, the Roberts court isn’t shying away from controversy. More frequently, a number of the associate justices have tried to defend their work, insisting the justices are not swayed by partisan concerns when issuing their rulings and dissents. The pushback has come after liberal politicians have escalated their criticisms of the conservative majority on the bench and threatened to add more justices to the court. “The justices are talking far more about the court now than they did in the past. I think these remarks are an attempt to address increasingly partisan rhetoric,” said Josh Blackman, a professor at South Texas College of Law who disapproves of the new outspokenness. “The court is responding to pressure, and I think this trend is unfortunate. The justices should stick to their business.” Others, though, welcome the commentary. Elliot Mincberg, senior fellow at People for The American Way, said more transparency is a good thing. “More is better than less,” he said. “We know they have views. We know they share them with each other, why not with the public too?” Though an official count of public statements and speeches by the justices is not available, according to a spokesperson from the Supreme Court, court watchers and reporters are increasingly hearing from the justices outside the courtroom.
