At his 2005 Senate confirmation hearing to be chief justice of the United States Supreme Court, John Roberts famously invoked America’s national pastime in describing his view of the judicial role in our constitutional order: “Judges are like umpires. Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ball game to see the umpire.”
If only!
Unfortunately, Roberts’ actual career on the high court has been one extensive repudiation of his lofty “umpire” proclamation. In exalting above all other concerns his personal conception of the institutional integrity of the Supreme Court, and by extension the entire judiciary, Roberts has ironically done more than anyone else to delegitimize the courts. His recent wildly out-of-line…
