Legal News

Chief Justice Roberts on Obama, Justice Stevens, Law Reviews, More

By Jess Bravin

Chief Justice John Roberts spoke at the Indiana University law school in Indianapolis on Wednesday. After an innocuous lecture about the court's makeup a century ago–anyone remember Justice Rufus Peckham? Or wonder why we no longer have justices named Rufus?–he took questions. Highlights:

Architecture: A pivotal figure in the court's history, it seems, isn't a lawyer, but rather Cass Gilbert, the architect who designed the court's building. The landmark 1935 neoclassical courthouse, which recalls the temples of ancient Rome, symbolizes the court's power and underscores its identity for the public. "Architecture," Roberts said, "is substantive."

For that reason, Roberts said, his predecessor, the late Chief Justice William Rehnquist, rejected a proposal to link the courthouse by underground tunnel to the new visitors center across the street at the U.S. Capitol. Tourists are welcome at the courthouse, Roberts said, but the separation from other branches of government should be physical as well as abstract.

Umpires: Roberts defended his confirmation hearing analogy of judges to umpires. "Someone once told me there were more than 100 law review articles criticizing my analogy," he said. "Nobody likes to be told that the area they are studying is simpler than it looks."

Roberts said, however, that the point of his analogy was that the judge, like the umpire, shouldn't have a stake in the outcome. "Of course there are hard cases for a justice. There are hard calls for an umpire, but I hope that most people would agree that…you don't want the judge participating in the game," he said.

Law Reviews: Perhaps relatedly, Roberts said he doesn't pay much attention to academic legal writing. Law review articles are "more abstract" than practical, and aren't "particularly helpful for practitioners and judges."

Relationships: Asked how his Indiana upbringing influenced him at the court, Roberts said, "I've always felt . . . a special affinity for Justice Stevens, who comes from Chicago," in neighboring Illinois. Perhaps reflecting Stevens's public musings about retirement, Roberts added that "people from the Midwest have a certain openness about them."

Despite some prior tensions, from a flubbed oath of office to a State of the Union scolding, Roberts said his relationship with President Obama is good. Protocol requires that they be seated in proximity at various official events, but the presidents, "whether it's President Bush or President Obama, recognize that they can't talk to me about much, and I can't talk to them about much." So when he sees Obama, the two talk about a common element of their lives–both are fathers of young children.

Litigious Society: Roberts disputed the suggestion that litigation has overrun society, but said that in an increasingly complex world, "the federal courts are becoming more and more incapable of serving as forums for resolving disputes."

Celebrity: Roberts disputed the suggestion that the justices, who have become more visible on television and the Internet, have become glamorous celebrities. Instead, the media "popularize people like Judge Judy as celebrities," the chief justice said. "Most people think that she is on the Supreme Court."

Full post as published by Law Blog - WSJ.com on April 07, 2010 (boomark / email).