Attorney Lauren Stiller Rikleen and Amherst professor Austin Sarat analyze Supreme Court Chief Justice John Roberts’s 2024 Year-End Report and examine his pattern of using historical references in his annual reports from 2021 to 2024. Ms. Rikleen and Professor Sarat argue that Roberts uses selective historical examples and appeals to judicial independence as rhetorical devices to deflect attention from ethical concerns within the Supreme Court, particularly regarding Justice Clarence Thomas’s alleged ethical lapses and Roberts’s own refusal to enforce stronger ethical standards for the Court.

Lauren Stiller Rikleen examines Project 2025’s proposals for presidential power in light of Senator Whitehouse’s report “Unworthy of Reliance,” which details how the Trump administration constrained the FBI’s 2018 supplemental investigation into sexual assault allegations against Supreme Court nominee Brett Kavanaugh. Ms. Rikleen argues that the Kavanaugh confirmation process, where the White House secretly limited the FBI’s investigation while publicly claiming it had “free rein,” serves as a real-world example of how Project 2025’s vision of presidential control over independent agencies has already been implemented and threatens American democracy.

Lauren Stiller Rikleen reflects on the legacy of Justice Sandra Day O’Connor, highlighting her respect for judicial restraint and precedent, particularly in cases regarding reproductive rights. Contrasting O’Connor’s approach with the current Supreme Court's inclination influenced by the Federalist Society, Ms. Rikleen suggests that the Court’s current Justices could benefit from O’Connor’s example of independence and commitment to precedent. She also discusses the shift in the Court’s composition and ideology following O’Connor's retirement, noting the increasing influence of the Federalist Society in shaping a judiciary more ideologically driven and less bound by precedent, as exemplified by recent decisions like the overturning of Roe v. Wade.