CHIEF JUSTICE ROBERTS: Trust us!. “There has been a consensus that judicial impeachments should be limited to incapacity or corruption, and that has largely held up. Until recently, though, it was also a consensus that presidential impeachments should involve incapacity or corruption too, and … that hasn’t held up nearly as well for the last 30 years. And especially lately. That loss of confidence has nothing to do with the Supreme Court or John Roberts. However, the plague of district courts enacting nationwide TROs to block executive authority does. Roberts and his colleagues could intervene in such cases more quickly to deal with such challenges; half of the current court has pushed for decisive action already. . . . It’s one thing to say “trust the process.” It’s another thing entirely to act in a manner in which people can put their trust in it. Presidents shouldn’t go out of their way to undermine confidence in the judiciary, but Roberts needs to get more firm to put an end to the way the judiciary is involving itself in policy rather than law. He’s correct to guide us back to the path of the rule of law, but the rule of law in the judiciary had better include some reforms to curtail the game-playing that takes advantage of our customs for sheer political and ideological purposes. Maybe Roberts should focus more on that than on Trump’s vents on Truth Social.”

When I hear people talking about traditions and the judiciary, I’m reminded of what Gandalf told Sauron’s ambassador who was demanding immunity: “Where such laws hold, it is also the custom for ambassadors to use less insolence.” If courts are making unprecedented intrusions into the political sphere, they can expect unprecedented intrusions into the judicial sphere.

And if Roberts is really concerned about the legitimacy of the federal courts, he needs to realize that more people are watching — and have a vote — than the editorial boards of the Washington Post and the New York Times.

UPDATE: Josh Blackman:

Last year Representative AOC and other members of Congress introduced articles of impeachment against Justices Thomas and Alito. As best as I can recall, Roberts said nothing about this. Likewise, the Federal Judges Association and the American Bar Association said not a word about the never-ending crusade against two members of the Supreme Court. These attacks were never about disclosures. These critics were trying to delegitimize the Court. Yet, everyone was silent.

Likewise, in 2023, Senator Ron Wyden told President Biden to “ignore” any ruling from Judge Matt Kacsmaryk concerning mifepristone. We aren’t talking about turning planes around over international waters. This would be a ruling that could be timely appealed in the normal course. Yet Roberts did not say a word about this in his end-of-year address or anywhere else. The FJA, the ABA, and all the usual suspects were silent. To the contrary, the Judicial Conference acceded to the criticism of Judge Kacsmaryk by trying to force down a rule to take cases away from him! I realize that Chief Justice Roberts is hitting the panic button, but his protest has started a bit too late.

Ilya Somin dismisses this as “whataboutism,” but I think that he’s wrong. The Constitution doesn’t speak to this question; it’s one that has been addressed by norms and customs. But norms and customs are based on what people do. And what people have done. And if what people do and have done is different from the assorted norms and customs, then maybe those norms and customs aren’t norms and customs anymore. Maybe they never really were.

I’ll note that one leader of a widespread movement to impeach a Supreme Court Chief Justice (in this case, Earl Warren) over judicial rulings — Gerald Ford — later became President. So you can say that we shouldn’t do this sort of thing, but it’s a bit disingenuous to say that we don’t do this this sort of thing.