Ahead of a planned conversation with Robert Stein at @UofMNLawSchool today, Chief Justice Roberts delivered prepared remarks on recent events in Washington, reassuring the audience of the Supreme Court's independence and nonpartisanship.
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Roberts: "I will not criticize the political branches. We do that often enough in our opinions." But what I would like to do briefly is to emphasize how the judicial branch "is and must be different."
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Roberts: I have "great respect" for our elected officials. We do not speak for the people. but "we speak for the constitution." That job obviously requires independence from the political branches.
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Roberts: "The story of [SCOTUS] would be very different without that sort of independence." Without independence, no Brown v. Board of Edu, no West Virginia v. Barnette, and no steel seizure case, where SCOTUS held that Pres Truman was subject to the Constitution even in wartime.
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Roberts: "Now, the Court has from time to time erred, and erred greatly. But when it has, it has been because the court yielded to political pressure, as in the Korematsu case, shamefully upholding the internment during World War II of Japanese American citizens."
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“And which the Court could have overruled last spring but did not bother.”
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