Chief Justice John Roberts and his colleagues are confronting a significant challenge: a declining public trust in the Supreme Court. A growing number of voters and elected officials now support structural reforms to limit the influence of conservative justices, including expanding the court’s size, narrowing its jurisdiction, and other major changes.
On Wednesday, Roberts addressed these concerns during a legal conference, defending the court’s legitimacy. According to NBC News reporter Lawrence Hurley, he stated:
“I think at a very basic level, people think we’re making policy decisions, [that] we’re saying we think this is what things should be as opposed to this is what the law provides. I think they view us as truly political actors, which I don’t think is an accurate understanding of what we do. I would say that’s the main difficulty.”
While Roberts acknowledged the public’s right to criticize the court, he emphasized that its decisions are not political in nature. He added:
“We’re not simply part of the political process, and there’s a reason for that, and I’m not sure people grasp that as much as is appropriate.”
Roberts’ remarks highlight a broader debate over the term “political” and its implications. In American discourse, “political” is often used pejoratively to imply bias, corruption, or partiality. However, politics, in its broadest sense, refers to how society organizes itself—from voting and tax payments to everyday choices like grocery shopping.
The negative connotation of “politics” is so ingrained that it shapes public perception of institutions. When people say, “I don’t want to talk about politics,” they often mean avoiding social conflict. Yet, this misunderstanding extends to the federal government, where Roberts appears to separate the elected branches—Congress and the presidency—from the Supreme Court, framing the latter as above the “grubby” work of politics.
Legal scholars have described this perspective as “judicial self-aggrandizement,” a view that elevates the judiciary above the political fray while ignoring its role in shaping societal norms and laws.