I found that the 2021 Year-End Report on the Federal Judiciary submitted by John G. Roberts, Jr., Chief Justice of the United States, on December 31, 2021, is somewhat problematical.
The problem is encapsulated in Roberts’ contention that “the Judiciary’s power to manage its internal affairs insulates courts from inappropriate political influence and is crucial to preserving public trust in its work as a separate and coequal branch of government.”
One, we have seen the Supreme Court usurp the sole law-making power of Congress to legislate from the bench rather than ruling on the constitutionality of the matter and either returning the matter to the lower courts or allowing Congress the opportunity to correct defective legislation. Two, allowing the Judiciary to manage its internal affairs without oversight hinders the critical checks and balances deemed necessary by our Founding Fathers. And three, the public’s trust in the Supreme Court has been steadily eroding due to tortured interpretations of the Constitution, several important ones by Roberts himself as the deciding vote.
Additionally, only the Supreme Court was created by the U.S. Constitution; Congress created the lower courts. Considering how judicial nominations are made and confirmed by the Senate makes a mockery of the assertion that the lower courts are independent and free from political taint.
Roberts cites three significant concerns.
I would like to highlight three topics that have been flagged by Congress and the press over the past year. They will receive focused attention from the Judicial Conference and its committees in the coming months. The first is a matter of financial disclosure and recusal obligations. The second topic is the continuing concern over inappropriate behavior in the judicial workplace. The third agenda topic I would like to highlight is an arcane but important matter of judicial administration: judicial assignment and venue for patent cases in federal trial court.
- About ethical lapses concerning financial disclosures and the required conflict of interest recusals of sitting judges…
Roberts writes, “Let me be crystal clear: the Judiciary takes this matter seriously. We expect judges to adhere to the highest standards, and those judges violated an ethics rule. But I do want to put these lapses in context.” He points out that these cases were exceedingly small, primarily accidental, and can be remedied by additional ethical training.
Roberts himself appears guilty of an ethical lapse in 2017. After hearing oral arguments in a patent case, Roberts discovered he owned 1,212 shares of the parent company of one of the parties worth in excess of $100,000. While nobody claimed undue influence or an ethical breach, Roberts concluded he should not continue with the case and recused himself from further proceedings. But I do not see where he set up a central mechanism to review financial disclosures and potential conflicts of interests within each judicial district.
- About behavior in the workplace…
“The Working Group made more than 20 recommendations in three primary areas, proposing that the Judiciary: (1) revise its codes of conduct and other published guidance to delineate more clearly the principles of appropriate behavior; (2) strengthen and streamline its internal procedures for identifying and correcting misconduct; and (3) expand its training programs to raise awareness of conduct issues.”
Being federal employees, one would think that government training programs, monitoring, and remedies would have been in place long ago.
- About venues and assignments of judges in patent cases, some worth hundreds of millions of dollars…
One might consider venue-shopping for patent judges who do not have the technical expertise to understand the underlying issues to be a procedural matter. An issue that would assume reduced importance when measured against the immigration courts’ operation is affecting national security, economic viability, shifts in voting patterns, and changes to the American culture of exceptionalism. The immigration courts claim to be so backlogged as to render timely hearings on immigration matters a cruel joke played on American citizens to benefit the open-borders groups and those who profit from immigration matters.
This report is balderdash and bullpucky. The Court has been politicized and has produced rulings that upheld unconstitutional rulings. Even worse than these flawed rulings are the cases the Supreme Court refuses to hear – either because of partisan ideology or the fear of upsetting a significant portion of American citizens. Nobody believes that certain justices are not partisan ideologues, and Roberts has a spine of marshmallows.
The Court refused to demand the State of Pennsylvania uphold their existing election laws or seek changes through their state legislature is one of the proximate causes of the 2020 election integrity issues. A simple comment, “follow the law,” would have put all states on judicial notice that not following their state laws would have consequences.
The Supreme Court on Monday rejected an appeal from Pennsylvania Republicans who said the secretary of state had no authority to extend the deadline for receiving mail-in ballots in the 2020 general election. The court's denial, issued with no explanation and no noted dissents, was no surprise. The justices have consistently declined to take up any of the post-election challenges from the state. <Source>
We are so screwed.
“Nullius in verba.”-- take nobody's word for it!
“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw
“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell
“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell