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MINNEAPOLIS – Chief Justice John G. Roberts Jr. for the first time on Tuesday spoke at the recent fierce battle over new judge Brett M. Kavanaugh and the Supreme Court, seeking to "assure" an audience that the court would serve "a nation" and not "a part or an interest."
Before being questioned by a law professor from the University of Minnesota, Roberts said in front of 2,700 viewers that he wanted to speak about the "disputed events that took place in Washington." in recent weeks "and" insist on the fact that the judiciary is different. "
"I have a lot of respect for our officials. after all, they speak in the name of the people and that commands a certain degree of humility to those of us who are in the judiciary, who do not do it.
"We do not speak for the people, but for the Constitution."
The bitter struggle over Kavanaugh's confirmation and his replacement of Judge Anthony M. Kennedy should consolidate a conservative majority in the Supreme Court for a generation. There are now five consistent Conservatives, all chosen by Republican Presidents, and four Liberals chosen by Democratic Presidents.
But Roberts said the court should try not to identify with partisan interests.
"Our role is very clear: we must interpret the US Constitution and laws and ensure that political branches act within them," he said. "This work obviously requires independence from the political branches. The history of the Supreme Court would be very different without this kind of independence. "
Judges do not react to polls, Roberts said later in his comments, and he said some of the court's major decisions – Brown v. Board of Education or West Virginia c. Barnett, who said the government could not force students to greet the flag in violation of their religious beliefs – came in cases where the court was protecting minorities from the will of the majority.
"From time to time, the court has been enormously deceived," he said. "But when it happened, it's because the court has yielded to political pressures." He pointed out that the court had "shamefully" supported the internment of Americans of Japanese descent during World War II.
Roberts gives only a few public speeches each year and is known for choosing his words carefully. It seemed obvious that he needed to understand how the partisan struggles in Washington had turned the judicial system into a sort of system of political booty.
Since the confirmation fight, other judges have defended the court in a similar manner or have made symbolic gestures of unity. Both Liberal and Conservative judges ran for swearing in Kavanaugh's hasty assent after being approved by one of the tightest votes in history. All judges attended a subsequent White House ceremony.
Roberts did not specifically mention Kavanaugh, but approved it by citing it.
The 63-year-old Chief Justice noted that for a century judges have shaken hands before going to court to hear their arguments.
"It's a small thing perhaps, but it reminds us all the time that, as our most recent colleague has said, we do not sit on opposite sides of an alley, we do not caucon in separate rooms we do not serve a party or a party. interest, we serve a nation. "
He added, "And I want to assure you all that we will continue to do so."
In a conversation with law professor Robert A. Stein and in answering questions from students, Roberts also touched on a number of other topics, including cameras in the audience room ., his female colleagues and have a new member of the tribunal.
He reiterated his opposition to the cameras, saying that he did not think they would help the court in its vital work of decision. He said he feared lawyers and some of his colleagues would act differently.
He is also indifferent to polls that show that few Americans can name him or appoint other members of the court. The court should speak as an organization rather than as individuals. That's why "we wear black dresses," he said.
And he said that he was not affected by criticism of his opinions. "The good thing about the shelf life is that it does not really bother you much."
He insisted that the collegiality of the court was real despite its fragmented decisions. On the one hand, he said, "We think we are together in this important business." He added, "We are often the only people we can talk to about things," like politics.
Nevertheless, he said, it is good that judges do not see each other for nearly two months after the end of the mandate at the end of June.
Asked by a student that having female colleagues had an impact on how he considers the cases, Roberts replied, "I guess I do not really know."
He said he understood the argument that women could bring a different perspective, but he never hears anything that makes him think "it's a purely feminine perspective of the law. . . I do not see any difference in the legal analysis or anything like that. "
Having a new member of the court encourages judges to behave better, at least for a while, Roberts said, likening him to a "new father-in-law at Thanksgiving".
And he acknowledged that after 13 years as chief justice, he was always harder than he had hoped when he took office that he could encourage majorities more important to make decisions and reduce the number of splits from 5 to 4.
"Well, I have to say it's a project going on," he said.
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