Roberts struggles to keep Supreme Court out of ethics fight

Published

2 years ago

May 3, 2023

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Chief Justice John Roberts has long aimed to stay above the political fray, but his goal is being put to the test as Democrats vow to intervene in the Supreme Court’s recent ethics controversies.

Roberts’s refusal to appear before the Senate Judiciary Committee on Tuesday left Democrats pulling no punches as they asserted that the justices cannot be trusted to police their own ethics.

Republicans, meanwhile, portrayed the push as an attempt to smear Justice Clarence Thomas and the court’s other conservatives.

Even as the prospect of ethics legislation remains shaky in the divided Congress, the debacle has left Roberts, 68, grappling with how to remain neutral amid the partisan warfare and cratering public confidence in the high court.

Roberts’s absence came with little surprise. He has strived to insulate the court’s image from partisan politics since becoming chief justice in 2005, and Tuesday’s hearing consisted of outraged Democrats, on camera, delving into ProPublica’s investigation into luxury trips Thomas accepted from billionaire and GOP megadonor Harlan Crow.

The chief justice had cited separation of powers concerns in declining Senate Judiciary Committee Chairman Dick Durbin’s (D-Ill.) invitation, calling it an “exceedingly rare” offer.

“I’m more troubled by the suggestion that testifying to this Committee would somehow infringe on the separation of powers or threaten judicial independence,” Durbin said on Tuesday. “In fact, answering legitimate questions from the people’s elected representatives is one of the checks and balances that helps preserve the separation of powers.”

It follows a pattern of the decorum-conscious Roberts attempting to stay out of the partisan fighting on Capitol Hill. Even on ordinary topics, like the court’s budget, Roberts has left it to his colleagues to testify.

“One thing we have to do every year is get money from Congress, just like every other federal entity. And so we send a couple of justices to Congress, explain what we need, and they get it. Now, I knew that there are people on the court who are better at that than I am, so they go. I don’t go,” Roberts told Rensselaer Polytechnic Institute students in 2017.

After the 2010 State of the Union Address, when then-President Obama denounced the Supreme Court’s Citizens United v. FEC ruling on campaign finance with the justices sitting feet away, the mild-mannered Roberts issued an unusual critique.

Speaking to law students weeks later, Roberts questioned why the justices participate in what he said had “degenerated into a political pep rally.” Roberts has attended every address since, while Justice Samuel Alito, who mouthed the words “not true” in an infamous moment after Obama’s snipe, never returned.

“Some people I think have an obligation to criticize what we do, given their office, if they think we’ve done something wrong, so I have no problems with that,” Roberts told the students.

“On the other hand, as you said, there is the issue of the setting, the circumstances and the decorum,” he continued. “The image of having the members of one branch of government standing up literally surrounding the Supreme Court cheering and hollering — while the court, according to the requirements of protocol, has to sit there expressionless — I think is very troubling.”

Years later, Roberts was back in the Capitol at the center of a bitter political battle: presiding over the impeachment trial of then-President Trump.

He emerged unscathed and earned bipartisan praise, but not without some testy moments. As the prospect rose of an even split on the crucial issue of whether to allow witnesses, Roberts announced he would not step in to break a tie.

“I think it would be inappropriate for me, an unelected official from a different branch of government, to assert the power to change that result so that the motion would succeed,” Roberts told senators.

Roberts has since avoided potentially going through the wringer on Capitol Hill. He declined to preside over Trump’s second impeachment trial, and on Tuesday, he dodged appearing before outraged Democrats. But that didn’t stop them from lambasting Roberts and the high court.

“What Chief Justice Roberts has done in refusing to come before this committee is judicial malpractice. It is a disservice to the courts,” said Sen. Richard Blumenthal (D-Conn.).

Roberts did not return a request for comment through a spokesperson.

Republicans spent much of the hearing condemning what they view as a double standard, portraying the effort as an attempt to derail the conservative-majority court.

They condemned Senate Majority Leader Chuck Schumer’s (D-N.Y.) warning last year that two conservative justices would “pay the price” if they voted against abortion rights, protests outside conservative justices’ homes and the financial dealings of the court’s liberals.

“We’re going to push back as hard as we can and tell the American people the truth about what’s going on. This is not about making the court better. This is about destroying a conservative court. It will not work,” said Sen. Lindsey Graham (R-S.C.), the committee’s ranking member.

Sen. John Kennedy (R-La.) had this take: “Today’s hearing is an excuse to slay more mud at an institution.”

One Republican senator, Lisa Murkowski (Alaska), has joined Democrats’ calls, but the odds for passing any ethics legislation remain slim in the GOP-controlled House.

“It’s very difficult to do anything in a divided Senate, especially when the committee of jurisdiction is equally divided. I think Roberts is using that to his advantage and just taking the easy way out, because he knows there’s no real way to compel anything beyond that,” Gabe Roth, executive director of judicial watchdog group Fix the Court, said in an interview ahead of the hearing.

It wouldn’t be Democrats’ first failed attempt. Roughly a decade ago, Roberts rebuffed their calls to formally adopt the code of conduct in place for lower federal judges. He said the justices leverage it as a starting point, characterizing criticisms that the court is exempt from ethical principles “misconceptions.” Trump will not testify at E. Jean Carroll civil trial Hundreds of Democrats urge appeals court to reverse abortion pill ruling

Roberts added, “In particular, Congress has directed Justices and judges to comply with both financial reporting requirements and limitations on the receipt of gifts and outside earned income. The Court has never addressed whether Congress may impose those requirements on the Supreme Court.”

As the chief justice strives for an insular approach, he faces more than just angry lawmakers. Public confidence has declined sharply in the court, spurred by the court’s recent decision to overturn Roe v. Wade.

An NPR/PBS NewsHour/Marist poll last month recorded that only 37 percent of Americans have a great deal or quite a lot of confidence in the court, the lowest measure recorded since the pollster began asking the question in 2018.

UK

Police appeal to trace further 18 people linked to disorder at Unite the Kingdom march

Published

2 hours ago

September 22, 2025

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Police appeal to trace further 18 people linked to disorder at Unite the Kingdom march

Police have appealed for help to identify an additional 18 people suspected of public order offences and assaults on emergency workers on the day of the Unite the Kingdom march.

Between 110,000 and 150,000 people attended the rally in central London on 13 September, the Metropolitan Police estimates.

Protesters heard a number of speeches, including from far-right activist Tommy Robinson, who organised the rally and called it the “biggest freedom of speech” event in British history.

An anti-racism counter-protest, attended by about 5,000 campaigners, also took place, with the two groups clashing on Whitehall and Trafalgar Square, separated by lines of police.

Police previously said 24 people were arrested at the protests, 23 of whom are believed to have been involved in the Unite the Kingdom rally, while one was believed to be involved in the counter-protest.

The force launched an appeal to identify 11 people last week, one of whom was identified.

Officers now want to speak to a further 18 people “in connection with a range of public order offences and assaults on emergency workers” and have released 16 new images.

The Met previously said 26 officers were assaulted with kicks and punches, adding: “Bottles, flares and other projectiles were also thrown and concerted attempts were made to get past barriers.”

“Our post-event investigation continues and officers have looked through hundreds of hours of CCTV footage to review evidence to help with further inquiries,” said Detective Chief Inspector Natalie Norris.

“We have 28 people we want to speak to in connection with a range of offences – and we are again appealing for the public’s help to track them down.”

People may have travelled from outside London, so she said she was asking people “across the country” to look at a number of pictures that have been released and to get in touch if they recognise anyone.

Business

Trump reveals Rupert and Lachlan Murdoch could be involved in TikTok deal

Published

5 hours ago

September 22, 2025

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Trump reveals Rupert and Lachlan Murdoch could be involved in TikTok deal

Donald Trump has revealed that media mogul Rupert Murdoch and his son Lachlan could be part of a deal in which TikTok in the United States will come under American control.

The US president also namedropped Michael Dell, the founder and CEO of Dell Technologies, as a possible participant in the deal during an interview with Fox News, which is owned by the Murdochs.

“I think they’re going to be in the group. A couple of others. Really great people, very prominent people,” Mr Trump said. “And they’re also American patriots, you know, they love this country. I think they’re going to do a really good job.”

Mr Trump said that Larry Ellison, founder and CEO of software firm Oracle, was part of the same group. His involvement in the potential TikTok deal had previously been revealed.

White House press secretary Karoline Leavitt said on Saturday that Oracle would be responsible for the app’s data and security, with Americans set to control six of the seven seats for a planned TikTok board.

This comes after Mr Trump said he and China’s Xi Jinping held a “very productive call” on Friday, discussing the final approval for the TikTok deal, much of which is still unknown.

Once confirmed, the deal should stop TikTok from being banned in the US after lawmakers decided it posed a security risk to citizens’ data.

Officials warned that the algorithm TikTok uses is vulnerable to manipulation by Chinese authorities, who can use it to push specific content on the social media platform in a way that is difficult to detect.

Congress had ordered the app shut down for American users by January 2025 if its Chinese owner ByteDance didn’t sell its assets in the country – but the ban has been delayed four times by President Trump.

Mr Trump said on Sunday that he might be “a little prejudiced” about TikTok, after telling reporters on Friday: “I wasn’t a fan of TikTok and then I got to use it and then I became a fan and it helped me win an election in a landslide.”

After the call with Mr Xi, Mr Trump said in a Truth Social post: “We made progress on many very important issues, including Trade, Fentanyl, the need to bring the War between Russia and Ukraine to an end, and the approval of the TikTok Deal.”

Mr Trump later told reporters at the White House that Xi had approved the deal, but said it still needed to be signed.

Representatives for the Murdochs, Mr Dell and Mr Ellison have not yet commented on a potential TikTok deal.

Business

Gatwick second runway given green light by government

Published

5 hours ago

September 22, 2025

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Gatwick second runway given green light by government

Gatwick’s second runway has been given the go-ahead by the government.

The northern runway already exists parallel to Gatwick‘s main one, but cannot be used at the same time, as it is too close.

It is currently limited to being a taxiway and is only used for take-offs and landings if the main one has to shut.

The £2.2bn expansion project will see it move 12 metres north so both can operate simultaneously, facilitating 100,000 extra flights a year, 14,000 jobs, and £1bn a year for the economy.

It would also mean the airport could process 75 million passengers a year by the late 2030s.

Gatwick is already the second busiest airport in the UK, and the busiest single runway airport in Europe.

No public money is being used for the expansion plan, which airport bosses say could see the new runway operational by 2029.

The expansion was initially rejected by the Planning Inspectorate over concerns about its provisions for noise prevention and public transport connections.

Campaigners also argued the additional air traffic will be catastrophic for the environment and the local community.

A revised plan was published by the planning authority earlier this year, which it said could be approved by the government if all conditions were met.

The government says it is now satisfied this is the case, with additions made including Gatwick being able to set its own target for passengers who travel to the airport by public transport – instead of a statutory one.

Nearby residents affected by noise will also be able to charge the airport for the cost of triple-glazed windows.

And people who live directly under the flight path who choose to sell their homes could have their stamp duty and estate agent fees paid for up to 1% of the purchase price.

CAGNE, an aviation and environmental group in Sussex, Surrey, and Kent, says it still has concerns about noise, housing provision, and wastewaster treatment.

The group says it will lodge a judicial review, which will be funded by local residents and environmental organisations.

‘Disaster for the climate crisis’

Green Party leader Zack Polanski criticised the second runway decision, posting on X: “Aviation expansion is a disaster for the climate crisis.

“Anyone who’s been paying any attention to this shambles of a Labour Govenrment (sic) knows they don’t care about people in poverty, don’t care about nature nor for the planet. Just big business & their own interests.”

Friends of the Earth claimed the economic case for the airport expansion has been “massively overstated”.

Head of campaigns Rosie Downes warned: “If we’re to meet our legally-binding climate targets, today’s decision also makes it much harder for the government to approve expansion at Heathrow.”

Shadow transport secretary Richard Holden welcomed the decision but said it “should have been made months ago”, claiming Labour have “dithered and delayed at every turn”.

“Now that Gatwick’s second runway has been approved, it’s crucial Labour ensures this infrastructure helps drive the economic growth our country needs,” he said.

A government source told Sky News the second runway is a “no-brainer for growth”.

“The transport secretary has cleared Gatwick expansion for take-off,” they said. “It is possible that planes could be taking off from a new full runway at Gatwick before the next general election.

“Any airport expansion must be delivered in line with our legally binding climate change commitments and meet strict environmental requirements.”