The top adviser to the Supreme Court's Chief Justice John Roberts defended his boss's cautious approach to political disputes, emphasizing the critical importance of preserving judicial independence during a potentially contentious political environment
Speaking at the 6th Circuit Judicial Conference in Memphis, Tennessee, Robert Dow, described Roberts' strategic communication approach.
"The problem for our branch is that we have a very tiny megaphone," Dow said. "If we use our megaphone too often, we risk losing what I would say is the long game, and the long game is to preserve our independence."
In his year-end report dated December 31, 2024, Roberts highlighted the escalating threats facing the judiciary without directly naming any political figures. "There is of course no place for violence directed at judges for doing their job. Yet, in recent years, there has been a significant uptick in identified threats at all levels of the judiciary," he wrote.
Dow emphasized that the report's drafting predated the 2024 election and was not a direct response to the incoming Trump administration. He stressed Roberts' commitment to maintaining the court's impartiality and avoiding partisan entanglements.
This approach follows Roberts' previous statements challenging attempts to undermine judicial independence. In March, he condemned calls to impeach a federal judge who blocked a presidential deportation effort, stating, "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision."
The chief justice has consistently pushed back against political pressures, including a notable 2018 rebuke of then-President Trump's criticism of an "Obama judge" ruling against the administration.
At the judicial conference, Dow suggested a proactive approach to addressing judicial threats. "This may be a wake-up call for all of us to rededicate ourselves to get out there in the world and not be isolated judges," he said. He emphasized the need to help the public understand the judiciary's importance and the critical nature of an independent court system.
Roberts' strategic communication reflects a broader effort to protect the Supreme Court's institutional integrity. By carefully choosing when and how to respond to political challenges, the chief justice aims to maintain the court's credibility and independence during a potentially turbulent political period, Dow said.
The underlying message is clear: the judiciary must remain a steadfast, impartial guardian of the Constitution, rising above political noise and potential intimidation, he concluded.