The majority of justices on the U.S. Supreme Court failed to meet the demands of a pivotal moment in American history, former federal prosecutor Joyce Vance argued in her Substack Civil Discourse, criticizing Chief Justice John Roberts’ year-end report released Friday.
Why It Matters
Roberts’ 2025 report arrives as the Supreme Court faces intense scrutiny amid political pressure from President Donald Trump’s second administration, renewed concerns over judicial independence, and growing public skepticism toward the court’s role and credibility.
What to Know
The 13-page report reviews the historical foundations of judicial independence, including life tenure and salary protections for judges. However, it avoids addressing present-day political conflicts involving the federal judiciary. Roberts cited President Calvin Coolidge’s appeal to “turn for solace” to the Declaration of Independence and the Constitution “amid all the welter of partisan politics.”
Roberts also referenced historical moments such as the attempted impeachment of Justice Samuel Chase in 1805, an episode often cited as establishing that judges should not face political retaliation for their decisions. Still, the report notably omitted any direct mention of recent developments, including Trump’s repeated attacks on lower-court rulings and calls to impeach federal judges.
Vance focused particular criticism on a photograph selected for the report that depicted an empty room.
“The past decade has made it clear that our institutions are only as strong as the people in them,” Vance wrote. “That makes this photo a startling choice for a report about the judiciary, albeit likely unintentional. But it’s a marker for what has become increasingly clear: that the majority on this Court has failed to show up in a moment when their institutional voice is desperately needed. The Court has been either unwilling or incapable of meeting the challenge to democracy that Donald Trump poses.”
She concluded by questioning the restraint Roberts chose to exercise.
“What is a Chief Justice to say in troubled times?” Vance wrote. “It’s the role of the Court to stay out of politics. Still, we’re entitled to expect more from a man who has risen to the highest judicial office in America. Maybe the truth? Is that too much to ask for? Instead of cloaking himself in the mantle of history and self-righteousness, a little plain, unambiguous truth and clear commentary on the challenge the judiciary faces today would have done so much. A little courage. But regrettably, he doesn’t seem to have caught any of that.”
What People Are Saying
Roberts wrote near the conclusion of his report:
“As we approach the semiquincentennial of our Nation’s birth, it is worth recalling the words of President Calvin Coolidge spoken a century ago on the occasion of America’s sesquicentennial: ‘Amid all the clash of conflicting interests, amid all the welter of partisan politics, every American can turn for solace and consolation to the Declaration of Independence and the Constitution of the United States with the assurance and confidence that those two great charters of freedom and justice remain firm and unshaken.’ True then; true now.”
Barbara McQuade, former U.S. attorney, said via email that she appreciated Roberts’ recounting of Samuel Chase’s impeachment and acquittal, which underscored that impeachment is not an appropriate response to unpopular judicial decisions. Still, she said the message lacked urgency.
“I would like to have seen him argue more forcefully for judicial independence during this time of heated rhetoric and threats against judges,” McQuade wrote. “Instead, he focused largely on history as the nation prepares to mark its 250th anniversary.”
What Happens Next
The Supreme Court’s 2026 docket is expected to include major cases involving presidential authority, immigration limits, and other issues where law and politics closely intersect.
