After you reach a certain age, the novelty of New Year's Eve tends to wear off. Indeed, one of the few things I look forward to on December 31 is the Chief Justice's year-end report. They provide some insights into how John Roberts views the world. I've been writing about them since 2009. As best as I can recall, the 2024 year-end report is the most intense Robertsgram I've read. Let's walk through it.
First, the theme of the report is the importance of judicial independence. But the subtext is that other branches, and critics, are unduly encroaching on the judiciary. Roberts tells a story that stretches from King George III to the Articles of Confederation to Article III to Federalist No. 78 to Marbury. (I appreciate that Roberts gives Hamilton credit for "presag[ing] Marshall's analysis in Marbury.) Roberts explains why judicial independence is so important, quoting two jurists with very different worldviews:
One reason judicial review has endured and served us well lies in yet another insight from Chief Justice Rehnquist, articu-lated in his 2004 Year End Report: "The Constitution protects judicial independence not to benefit judges, but to promote the rule of law." Or, as Justice Kennedy put it, "Judicial independence is not conferred so judges can do as they please. Judicial independence is conferred so judges can do as they must."
