Chief Justice John Roberts is facing mounting criticism from the left, with the latest attack taking the form of another leak of sensitive court documents. The leaked documents showcase Roberts critiquing a lower court ruling and employing the common practice of seeking consensus in a future decision. Critics on the left and complicit never-Trumpers have seized upon this information to argue that the moderate-conservative George W. Bush appointee is subverting court norms to do the bidding of former President Donald Trump.
This latest leak comes hot on the heels of a bombshell revelation in May 2022, when a draft Supreme Court opinion overruling Roe v. Wade was leaked to the public. The timing of that leak led many to speculate that it was an attempt to intimidate one or more justices into changing their vote on the matter.
The left has also been targeting Republican-appointed justices with allegations of ethical violations, while turning a blind eye to similar actions by Democrat-appointed justices. In a confidential memo sent in February, Roberts criticized a lower court for allowing special counsel Jack Smith’s prosecution of Trump for allegedly attempting to overturn the election. He stated that the court “failed to grapple with the most difficult questions altogether.
The New York Times portrayed this decision as an example of Chief Justice Roberts using his authority to steer rulings in favor of Trump, but it neglected to mention the unprecedented nature of the lawfare against Trump that elevated these cases to the Supreme Court’s docket. Furthermore, the Times ignored other events occurring in November 2022 that suggest potential White House coordination for these cases decided by the Roberts court.
Conservatives are pushing back against the criticism of the memo and other attacks on Roberts and conservative justices. D.C. heavyweight attorney Mark Paoletta argues that the left’s unhappiness with the Supreme Court’s rulings is driving their attacks, rather than any ethical lapses or misbehavior on the part of the justices.
The Left has also begun attacking justices based on activities undertaken by their spouses, a tactic Paoletta highlights as a double standard when compared to past coverage of liberal justices like Ruth Bader Ginsburg. As Democrats continue to rely heavily on the courts to advance their agenda and launch lawfare against political opponents, it seems unlikely that these attacks on conservative jurists will cease any time soon.