Isabella Carter
Chief Justice John G. Roberts, the 17th chief justice of the United States, has interpreted the Constitution in a number of ways during his tenure. Roberts has stated that he does not have a comprehensive jurisprudential philosophy and does not believe in beginning with an all-encompassing approach to constitutional interpretation. He has, however, demonstrated a commitment to conservative principles and has been sensitive to free speech concerns, ruling in favour of First Amendment rights in several cases. Roberts has also emphasised the importance of judicial independence, noting that the judiciary has the authority to interpret the Constitution and strike down acts of Congress or the president. In addition, he has defended the overturning of precedent in certain cases, such as Roe v. Wade, and has stressed that the judiciary's role is to check the excesses of the other branches of government.
| Characteristics | Values |
|---|---|
| Interpretation of the Constitution | Roberts interprets the Constitution as law, striking down acts of Congress or the president if they are in violation. |
| Judicial philosophy | Roberts' philosophy is considered conservative, but more moderate than his predecessor, William Rehnquist. |
| View on judicial independence | Roberts stressed the importance of judicial independence, noting that the judiciary is a co-equal branch of government with the authority to interpret the Constitution. |
| View on precedent | Roberts believes that while some cases should be overruled, it should not be done "willy nilly." |
| View on free speech | Roberts has been sensitive to free speech concerns, ruling in favor of protecting the speech of picketers at a slain serviceman's funeral and striking down campaign finance restrictions. |
| View on political speech | Roberts believes that the government should not restrict how many candidates or causes a donor may support. |
| View on First Amendment | Roberts views the First Amendment as providing access to information and allowing people in a free society to make judgments about their government. |
| View on racial preferences | Roberts argued that the use of racial preferences by the Federal Communications Commission (FCC) was unconstitutional. |
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What You'll Learn
John Roberts' views on free speech
During his confirmation hearings, Chief Justice John G. Roberts Jr. compared judges to baseball umpires, stating that his job was to "call balls and strikes, and not to pitch or bat". This statement reflected his view that judges should interpret the Constitution impartially, without imposing their own personal beliefs.
John Roberts's approach to free speech is complex and nuanced. While he has not handled many First Amendment cases, he has expressed concern about the Supreme Court's tests for speech in a public forum, stating that the standards for free exercise cases "could be clearer".
In one of his first major opinions as Chief Justice, Roberts rejected First Amendment claims in Rumsfeld v. Forum for Academic and Institutional Rights (2006). He argued that a law requiring law schools to provide military recruiters access to career services did not violate freedom of association, as it involved conduct rather than speech. Roberts emphasised that the law did not require schools to endorse the military's views or say anything at all, only to provide space and access.
In another significant case, Snyder v. Phelps (2011), Roberts ruled that the First Amendment prohibited civil liability against the Westboro Baptist Church for their offensive picketing near a serviceman's funeral. He acknowledged the hurtful nature of the speech but emphasised the importance of protecting even unpopular expression to ensure a robust public debate.
Roberts has also taken a philosophical view of the First Amendment, stating that it "provides access to information and allows people in a free society to make a judgment about what their government is up to". This suggests that he sees free speech as a crucial tool for transparency and accountability in governance.
Overall, John Roberts's views on free speech appear to be shaped by a desire to balance competing interests and rights. While he recognises the potential for harm caused by certain types of speech, he ultimately leans towards protecting free expression to ensure a vibrant and well-informed democracy.
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Roberts' interpretation of the judiciary's role
During his confirmation hearings, Chief Justice John G. Roberts stated that he did not possess a comprehensive jurisprudential philosophy. He compared the role of judges to baseball umpires, claiming that it was his job to "call balls and strikes, and not to pitch or bat".
Roberts' judicial philosophy is considered conservative, though he is viewed as having a more moderate orientation than his predecessor, William Rehnquist. He has been described as a consistent advocate for conservative principles, with his jurisprudence "strongly rooted in the discipline of traditional legal method, evincing a fidelity to text, structure, history, and the constitutional hierarchy".
Roberts has stressed the importance of judicial independence, noting that the judiciary is a co-equal branch of government with the authority to interpret the Constitution and strike down acts of Congress or the President. He has stated that the judiciary's role is to "decide cases but, in the course of that, check the excesses of Congress or the executive", which requires a degree of independence.
Roberts has also addressed concerns regarding the politicization of the judiciary, stating that there are no "Obama judges or Trump judges, Bush judges or Clinton judges", but rather a group of dedicated judges striving to do equal right. He has defended the independence of the judiciary from executive interference, emphasizing that impeachment is not a suitable response to disagreements over judicial decisions.
In terms of specific cases, Roberts has demonstrated sensitivity to free speech concerns. For instance, he ruled in favor of protecting the speech of picketers at a slain serviceman's funeral and struck down campaign finance restrictions as limitations on free speech. In Rumsfeld v. Forum for Academic and Institutional Rights (2006), Roberts opined that a law requiring law schools to provide military recruiters with access to career services did not violate the freedom of association in the First Amendment, as it involved conduct rather than speech.
Roberts has also authored opinions related to judicial integrity and public confidence in the judicial system. In Williams-Yulee v. Florida Bar (2015), he upheld a provision prohibiting judicial candidates from soliciting campaign funds, recognizing the state's compelling interest in maintaining the integrity of the judiciary.
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Roberts' stance on racial preferences by the FCC
Chief Justice John G. Roberts Jr. has been described as an advocate for conservative principles, and his judicial philosophy is considered conservative. However, he is seen as having a more moderate orientation than his predecessor, William Rehnquist. During his confirmation hearings, Roberts stated that he did not have a comprehensive jurisprudential philosophy. He compared judges to baseball umpires, stating that it is their job to "call balls and strikes, and not to pitch or bat."
In terms of Roberts' stance on racial preferences by the Federal Communications Commission (FCC), there is one notable case: Metro Broadcasting, Inc. v. FCC. In this case, Roberts argued that the use of racial preferences by the FCC was unconstitutional. He took the place of Kenneth Starr, who recused himself from the case. Roberts' position was that the affirmative action program in question violated the Constitution. However, the Court ultimately sided with the FCC on June 27, 1990. Thomas Merrill, a deputy for the Solicitor General, described Roberts' stance as a straightforward opposition to the affirmative action program: "This affirmative action program violated the Constitution, and we should present that to the Supreme Court."
In congressional redistricting cases, Roberts has acknowledged that race cannot be the primary factor in drawing district boundaries but that it should be a consideration. In the Allen v. Milligan decision, Roberts wrote that states must consider race in some circumstances when drawing congressional districts. This opinion appears to conflict with his stance in other cases, but his general disdain for the use of race is clear. Roberts' opinions in cases involving race and affirmative action reflect his conservative judicial philosophy and his interpretation of the Constitution's equal protection principles.
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Roberts' view on the impeachment of judges
Chief Justice John G. Roberts has been vocal about his views on the impeachment of judges, an issue that has come to the fore in recent years, particularly in the context of tensions between the executive and judiciary branches of the US government. Roberts, a conservative appointed by then-President George W. Bush, has pushed back against calls from former President Donald Trump and his allies for the impeachment of judges with whom they disagree.
In a rare public statement in March 2025, Roberts criticized Trump and other Republicans for suggesting the impeachment of judges as a means to prevent them from making national policy through injunctions. Roberts asserted that "impeachment is not how you register disagreement with decisions," emphasizing that judges are dedicated to doing their best to uphold justice. He reiterated this stance in an interview, stating that impeachment is not an appropriate response to disagreement with a judicial decision and that the correct course of action is to file an appeal.
Roberts' comments came in response to Trump's social media posts and statements urging the impeachment of federal judges, specifically targeting those who ruled against his policies or issued injunctions that Trump deemed contrary to his agenda. The former president, in his characteristic style, labeled these judges as "Crooked Judges" and asserted that they were impeding his ability to carry out the will of the voters. Trump's calls for impeachment were echoed and supported by his allies, including billionaire Elon Musk and Republican lawmakers, who described judges as threats to democracy.
The power dynamic between the executive and judiciary branches has been a recurring theme during Trump's presidency. In 2018, Roberts defended the judiciary's independence, stating that there are no "Obama judges or Trump judges" but rather a group of dedicated judges committed to impartial justice. This statement was prompted by Trump's characterization of a jurist who ruled against his asylum policy as an "Obama judge."
While Roberts has been critical of the impeachment threats against judges, some critics argue that he has not adequately addressed the underlying issue of judicial insurrection. They assert that as the head of the judiciary, Roberts has the authority and responsibility to provide clearer guidance to judges on how to approach temporary injunctions to prevent the perception of policy-making from the bench.
Overall, Roberts' stance on the impeachment of judges aligns with his interpretation of the Constitution, which he described during his confirmation hearings. He likened judges to baseball umpires, suggesting that their role is to impartially call balls and strikes without pitching or batting, indicating a commitment to interpreting the Constitution without a comprehensive jurisprudential philosophy.
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Roberts' opinion on Roe v. Wade
Chief Justice John G. Roberts Jr. has been described as a conservative jurist with a preference for traditional legal methods. During his confirmation hearings, Roberts stated that he did not possess a comprehensive jurisprudential philosophy, comparing judges to baseball umpires who should remain impartial.
In the context of Roe v. Wade, Roberts expressed his disagreement with the Supreme Court's decision to overturn the ruling. In his concurring opinion, Roberts wrote that the Court's move to overrule Roe and Casey was a "serious jolt to the legal system" and a "dramatic step." He suggested that a narrower decision rejecting the viability line would have been less unsettling and more appropriate. Roberts has been known to prefer that the court directly address the questions before it rather than issuing sweeping opinions.
While Roberts acknowledged that the original decision in Roe was flawed, he believed that overturning it entirely was unnecessary. He questioned the constitutionality of treating bans on terminating a pregnancy from conception the same as bans after a certain number of weeks. Roberts' preferred outcome would have been to uphold Mississippi's law restricting abortions after 15 weeks without overturning Roe v. Wade, which would have preserved some abortion rights while still limiting them.
Roberts' stance on Roe v. Wade reflects his judicial philosophy, which is characterized by a commitment to conservative principles and a respect for legal tradition. His opinion in this case demonstrates a desire for a more measured approach to changing longstanding precedents, even if he ultimately aligns with conservative outcomes.
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Frequently asked questions
John G. Roberts interprets the First Amendment as protecting free speech. He ruled that the speech of picketers at a slain serviceman's funeral was protected and wrote opinions striking down campaign finance restrictions as restrictions on free speech. Roberts also rejected the First Amendment claims in Rumsfeld v. Forum for Academic and Institutional Rights, stating that the law in question involved conduct, not speech, and did not violate the freedom of association.
John G. Roberts stressed the importance of judicial independence and the judiciary's role as a co-equal branch of government, stating that the judiciary has the authority to interpret the Constitution, strike down acts of Congress, and check the excesses of the executive branch. He also emphasised that impeachment is not an appropriate response to disagreement with a judicial decision.
John G. Roberts does not have a comprehensive jurisprudential philosophy. He has said that he does not believe in starting with an all-encompassing approach to constitutional interpretation and that his job is to "call balls and strikes, and not to pitch or bat". Roberts' approach has been described as conservative, rooted in traditional legal methods, and evincing a fidelity to text, structure, history, and the constitutional hierarchy.
