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4 June 2026

Why Chief Justice Roberts says justices interpret law, not make policy

Roberts pushed back on claims the bench behaves like a political branch and warned that personal attacks on judges can threaten the system

Why Chief Justice Roberts says justices interpret law, not make policy

The Supreme Court and its chief justice have faced heightened public scrutiny following several high-profile decisions, and Chief Justice John Roberts used a judicial meeting in Hershey, Pennsylvania, to answer critics. He told an audience of judges and lawyers from the 3rd U.S. Circuit that the primary task of the Court is to interpret the law, not to make policy. Roberts emphasized the difference between applying legal texts and advancing political preferences, arguing that many observers conflate judicial interpretation with partisan decision-making.

Roberts acknowledged that scrutiny and disagreement with rulings are both legitimate and expected in a free society, calling for what he termed “considered criticism” while cautioning against crossing a line. He reminded listeners that judges sometimes must issue decisions that will be unpopular in order to remain true to the Constitution and existing statutes. Throughout his remarks he framed the Court’s work as a legal exercise—one grounded in contextual readings of the Constitution and statute rather than in personal policy choices.

What Roberts said and why it matters

At the heart of Roberts’s message was a defense of judicial independence and of the Court’s institutional role. He argued that labeling judges as merely “political actors” misunderstands their duty to parse legal text and precedent. Roberts pointed to recent litigation involving the Voting Rights Act and allegations of race-based gerrymandering as an example of debates that stimulate claims the Court is making policy when it is resolving complex legal questions. He also stressed that criticism can be healthy so long as it remains focused on legal reasoning rather than personal attacks on individual judges.

Why the Court’s rulings provoke strong reactions

Part of the public ire derives from a series of consequential rulings on topics such as gun rights and the right to abortion. The 2026 decision in Dobbs v. Jackson Women’s Health Organization is often cited as a turning point: trust in the Court dropped to around 40% following that ruling, showing the degree to which outcomes shape public perception. Roberts maintained that the justices are striving to determine “what the Constitution means and how it applies,” yet he acknowledged that the Court’s work can seem indistinguishable from politics when it touches deeply held beliefs and policy preferences.

Composition and public trust

Observers also point to the Court’s composition for context. Three justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—were appointed by President Donald Trump during his first term, contributing to a 6-3 bloc of Republican-nominated justices. That configuration has intensified partisan readings of decisions, even as justices describe their choices as rooted in legal reasoning. Roberts urged the public and commentators to distinguish between a judge’s legal analysis and partisan intent, warning that conflating the two undermines the rule of law.

Risks when criticism turns personal

Beyond reputational attacks, Roberts underscored the physical dangers that can arise when rhetoric becomes extreme. He referenced an armed intrusion outside Justice Brett Kavanaugh‘s home in June 2026, a case in which suspect Nicholas John Roske later pleaded guilty and received a sentence of 97 months plus lifetime supervised release. That incident, Roberts said, illustrates how heated public discourse can translate into real-world threats against members of the judiciary, making it essential to temper attacks and avoid personalizing disagreement with legal opinions.

Preserving precedent and the larger system

Roberts warned that if judges began to overturn settled law casually because of disagreement with past outcomes, the stability of the legal system would suffer. He highlighted the significance of precedent as a stabilizing force, suggesting that constant reversal for ideological reasons would erode public confidence and the predictability that underpins legal governance. The chief justice also touched on the inevitable questions about future retirements and how changes on the bench could reshape long-term jurisprudence, urging caution and respect for institutional norms.

In closing, Roberts framed the Court’s mission as an exercise in legal judgment that sometimes requires unpopular answers. He called for debate that is informed and careful, and for public discourse that targets reasoning rather than the persons who render it. The core of his appeal was a defense of the judiciary’s role in American government: to apply the Constitution and statutes as written, while preserving the impartial space that allows law to function separate from the rough-and-tumble of electoral politics.

Author

Camilla Bellini

Camilla Bellini, a former Florentine tour guide, turned a visit to Santa Maria Novella into a multimedia project: she now directs features on local heritage. In the newsroom she supports slow itineraries, authors dossiers on small workshops and keeps her first city guide badge as a unique memento.