High court justice Robert’s annual report on the federal judiciary of the United States has once again been released, and this year it contained no surprises. Despite the controversy over the Supreme Court’s ethical conduct, Roberts has so far managed to sidestep discussion of the issue.
The report was in many ways similar to those in recent years. It provided statistics on the number of appeals and motions filed and granted, provided information about the judicial system’s various divisions, and discussed positions currently or soon-to-be vacant. It further acknowledged the continued efforts of both professional organizations and individual judges and justices to protect the judiciary’s reputation.
However, what may be the most notable aspect of the report is what was not included. Despite the fact that the Supreme Court has recently been caught in controversy over the ethical questions of sexual harassment, nepotism, and insider trading, the report made no mention of these matters. Roberts appears to have made a conscious decision to avoid discussing such issues, given their sensitivity.
It is likely that Roberts had both political and pragmatic motivations for doing so. Politically speaking, the Supreme Court is already highly polarizing, and adding fuel to the fire by sparking national debate over ethical issues could further polarize the country. Pragmatically, the report could be seen as in some ways shielding the judiciary from public scrutiny; by avoiding discussion of ethical matters, Roberts may have been protecting the judiciary from further unwarranted criticism.
That being said, it would also be easy to argue that such silence only further perpetuates the very issues it is trying to avoid. Critics may find Roberts’ decision to avoid ethical issues suspicious, and it does risk the perception that the Supreme Court is ignoring the growing ethical concerns.
In any case, Roberts’ decision not to discuss the ethical questions swirling around the Supreme Court in the report is a calculated risk. The outcome, ultimately, will be left up to history.