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Reason
Reason
Politics
Josh Blackman

Would John Roberts Have Become Chief Justice If He Was Confirmed To The D.C. Circuit in 1992?

Today Chief Justice Roberts spoke at the Baker Institute at Rice University in Houston. No, I did not attend. In candor, members of the Baker Institute Roundtable (a $500 fee) had early access to public tickets, and once those were gone, the event was at capacity. That was too rich for me. I considered protesting outside the building with a "#RESIGN" sign, but decided against it.

The conversation was moderated by Judge Lee Rosenthal of the Southern District of Texas. She did an expert job moderating the conversation. Most of the press focused on Roberts's comments concerning attacks on judges:

ROSENTHAL: In your 2024, year end report on the judiciary, you wrote that criticism comes with the territory for judges and justices and that it can be healthy. You've talked about the criticisms that your predecessors encountered. How do you handle criticism of your court or your opinions today?

ROBERTS: Well, it does. It does come with the territory. Often when any of us issue an opinion, there's often a dissent, usually not but I mean, people, their most opinions are more opinions than anything else, are unanimous, and that's pretty to get used to the criticism right away, and it can very much be healthy. We don't believe that we're, you know, flawless in any way, and it's important that our decisions are subjected to scrutiny, and they are. The problem sometimes is that the criticism can move from a focus on legal analysis to personalities. And you see from all over, I mean, not just any one political perspective on it, that it's more directed in a personal way, and that, frankly, can be actually quite dangerous. Judges around the country work very hard to get it right, and if they don't, their opinions are subject to criticism, but
personally directed hostility is is dangerous, and it's got to stop.

ROSENTHAL: It's very much part of our lives these days. And on behalf of trial judges
everywhere, I want to personally thank you, because while we know that you may not always agree with us, we always know that you have our backs, and that means a great deal. So thank you, and I hope it continues. I know it will.

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