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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Thursday, May 07, 2026

Umpire John

Judge Sotomayor, before becoming a justice, noted that appellate judges make policy. They set forth rules while district judges largely determine facts.

As Lawrence Hurley reported for NBC News, Roberts continued: “I think they view us as truly political actors, which I don’t think is an accurate understanding of what we do. I would say that’s the main difficulty. “

What is a "political actor?" Let's go the dictionary:

political

adjective

po·​lit·​i·​cal pə-ˈli-ti-kəl 

1a: of or relating to government, a government, or the conduct of government

b: of, relating to, or concerned with the making as distinguished from the administration of governmental policy

2: of, relating to, involving, or involved in politics and especially party politics

3: organized in governmental terms

political units

4: involving or charged or concerned with acts against a government or a political system

political prisoners

The Supreme Court plays a significant role in setting forth policy. It does so in ways with many political implications. Fitting those definitions. 

The term "political" is disfavored by many judges. It sounds like they are "politicians" who are shady sorts. Judges are supposed to be above the fray. They are special.

We accept too much the idea that politicians, who represent us, are allowed to be "dirty." It helps Trump some since "they are all bad, right?" 

But John Roberts is setting forth an artificial dynamic here. The Supreme Court has a political role. His saying after the recent Voting Rights Act opinions is even harder to take. 

Each branch of government has different roles in our system. Courts have a role that is more independent in certain respects. They, however, are not just off on the side, outside of the political system.

Honesty can help us determine how to react, including what sort of reforms of the courts should be sought. 

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