Wednesday, January 1, 2020
For his 2019 Year-End Report on the Federal Judiciary, Chief Justice Roberts chose to include in his brief introductory remarks some words about democracy:
It is sadly ironic that John Jay’s efforts to educate his fellow citizens about the Framers’ plan of government fell victim to a rock thrown by a rioter motivated by a rumor. Happily, Hamilton, Madison, and Jay ultimately succeeded in convincing the public of the virtues of the principles embodied in the Constitution. Those principles leave no place for mob violence. But in the ensuing years, we have come to take democracy for granted, and civic education has fallen by the wayside. In our age, when social media can instantly spread rumor and false information on a grand scale, the public’s need to understand our government, and the protections it provides, is ever more vital. The judiciary has an important role to play in civic education, and I am pleased to report that the judges and staff of our federal courts are taking up the challenge.
[emphasis added]. The emphasized bolded language, seeming to blame the population of the United States for taking democracy for granted and social media for spreading rumors did not sit well with some commentators who argued that Roberts should consider his own contributions to undermining democracy: Shelby County (regarding voting rights); Rucho (decided in June of this year holding partisan gerrymandering is a political question not suitable for the federal courts); McCutcheon (finding campaign finance regulations unconstitutional). For others, Roberts's language regarding civic education is welcome and demonstrates his recognition of the divides in the nation.
Noticeably absent from Roberts's remarks was any reference to the impeachment trial which looms in the Senate over which he will preside. Also absent was any update on the sexual misconduct claims against members of the judiciary which he mentioned in last year's report.