John Roberts Has Become the Judicial Activist He Once Opposed
Source: David Sirota. "John Roberts’s About-Face on Supreme Court Activism." April 21, 2026. jacobin.com
The Gist
John Roberts used to criticize judges who went beyond their proper role and made policy instead of just interpreting law. But now he's doing exactly that - using special fast-track procedures to push through conservative rulings without proper review, especially on environmental issues.
Conclusion
Chief Justice John Roberts has become the kind of tyrannical, politically unaccountable 'activist' judge that he himself once warned against and promised never to be
Premises
- As a young Reagan administration lawyer, Roberts explicitly denounced judicial activism and argued judges should interpret law, not make it
- Roberts advocated for judicial term limits because judges were 'usurping the roles of the political branches'
- At his 2005 confirmation hearing, Roberts promised to have 'no agenda' and to just 'call balls and strikes'
- Recent leaked memos show Roberts used the shadow docket to immediately intervene in EPA climate regulation without normal judicial process
- Roberts bypassed oral arguments and fact review to fast-track a ruling against Obama's Clean Power Plan based on predetermined opposition
- Roberts ignored Justice Kagan's calls for normal process because he was focused on a predetermined outcome favoring corporate interests
Assumptions
- Judicial activism is inherently problematic when it involves predetermined outcomes and bypassing normal processes
- A judge's past statements and promises about judicial philosophy create binding expectations for their future behavior
- The shadow docket represents an inappropriate tool for advancing ideological agendas
- Roberts's actions were motivated by corporate/conservative ideology rather than legal principle